# W. Va. Code § 61-3B-3: Trespass on property other than structure or conveyance

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S3

## Section

- **Citation:** W. Va. Code § 61-3B-3
- **Heading:** Trespass on property other than structure or conveyance
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 61 / Article 3B / Section 3

## Text

(a) It is an unlawful trespass for any person to knowingly, and without being authorized, licensed, or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing, or cultivation.

(b) First offense conviction. — Upon a first trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $100 nor more than $500.

(c) Second offense conviction. — Upon a second trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $500 nor more than $1,000.

(d) Third offense conviction. — Upon a third and subsequent trespassing conviction pursuant to subsection (a) of this section, the person is guilty of a misdemeanor and shall be fined not less than $1,000 nor more than $1,500.

(e) If the offender defies an order to leave, personally communicated to him or her by the owner, tenant, or agent of the owner or tenant, or if the offender opens any door, fence, or gate, and thereby exposes animals, crops, or other property to waste, destruction, or freedom, or causes any damage to property by such trespassing on property other than a structure or conveyance, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, confined in jail for not more than six months, or both fined and confined.

(f) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his or her commission of the offense of trespass on property other than a structure or conveyance, the offender, notwithstanding §61-7-1 of this code, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months, fined not less than $100 nor more than $1,000, or both confined and fined.

(g) Nothing in this section shall be construed to prevent lawful assembly and petition for the lawful redress of grievances, during any dispute, including, but not limited to, activities protected by the West Virginia Constitution, or the United States Constitution, or any statute of this state or the United States.

## Nearby sections

- [W. Va. Code § 61-3B-1 §61-3B-1. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S1.md)
- [W. Va. Code § 61-3B-2 §61-3B-2. Trespass in structure or conveyance.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S2.md)
- [W. Va. Code § 61-3B-3 §61-3B-3. Trespass on property other than structure or conveyance.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S3.md)
- [W. Va. Code § 61-3B-4 §61-3B-4. Trespass on student residence premises or student facility premises of an institution of higher education.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S4.md)
- [W. Va. Code § 61-3B-5 §61-3B-5. Trespass on state government property; aiding and abetting; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S5.md)
- [W. Va. Code § 61-3B-6 §61-3B-6. Mine trespass; penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S6.md)
- [W. Va. Code § 61-3B-7 §61-3B-7. Animal or crop facilities trespass; penalties; injunctive relief.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S7.md)
- [W. Va. Code § 61-3B-8 §61-3B-8. Liability for damages; deferred judgment; dismissal.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S8.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C61_A3B_S3. Check the current official text before relying on it. Not legal advice.