West Virginia crime

The firearm mortality series includes deaths across intents, including suicide and homicide. Carry rules concern firearm access; active-shooter response concerns a narrower violence component. Neither demonstrates a change in the reported deaths. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

2.Small unmanned aircraft pilot program for law enforcement and public safety(a)In generalChapter 448 of title 49, United States Code, is amended by adding at the end the following:44815.Small unmanned aircraft pilot program for law enforcement and public safety(a)Prohibition regarding weaponsThe prohibition regarding unmanned aircraft armed with dangerous weapons under section 363 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is reaffirmed.(b)Pilot program(1)In generalNot later than 2 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a deescalation drone pilot program to review the potential use of nonlethal deescalation unmanned aircraft by Federal, State, local, or Tribal law enforcement responding to an active shooter event.(2)ContentsThe pilot program required under paragraph (1) shall—(A)address the process of reviewing and validating nonlethal weapons that may be affixed to an unmanned aircraft;(B)address training protocols for law enforcement and agents of the Administration for the use of nonlethal deescalation unmanned aircraft;(C)address operational and safety protocols for operators of nonlethal deescalation unmanned aircraft and agencies directly overseeing the operation of such unmanned aircraft; and(D)assess the efficacy of nonlethal deescalation unmanned aircraft in indoor active shooter events and the safety benefits associated with increasing the safe engagement distance between a law enforcement officer and an active shooter.(3)PartnershipsIn carrying out the pilot program under this subsection, the Administrator shall use existing partnerships with the unmanned aircraft system test ranges designated under section 44803, in collaboration with Federal, State, and large metropolitan area law enforcement.(4)Interagency aviation agreementsThe Administrator may enter into interagency aviation agreements, as necessary, with the Department of Justice, the Department of Homeland Security, and State large metropolitan and rural law enforcement agencies to support the pilot program under this subsection.(5)ConsultationThe Administrator shall solicit input from, and coordinate with, relevant stakeholders as appropriate in carrying out the pilot program established under this subsection.(6)ReportNot later than 3 months after the conclusion of the pilot program, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program that includes a plan outlining a proposed process through which a law enforcement applicant to such program may seek permission from the Administrator to operate nonlethal deescalation unmanned aircraft.(c)RulemakingNot later than 60 days after submitting the report required under subsection (b)(6), the Administrator shall initiate a rulemaking to create a process through which the Administrator may provide approval—(1)for Federal, State, local, or Tribal law enforcement to operate nonlethal deescalation unmanned aircraft during an active shooter event; and(2)for manufacturers of nonlethal deescalation unmanned aircraft to operate such devices for testing, validation, and law enforcement demonstrations.(d)Manufacturing requirementAny nonlethal deescalation unmanned aircraft used under the pilot program shall be manufactured in the United States, as defined by the Federal Trade Commission under part 323 of title 16, Code of Federal Regulations.(e)DefinitionsIn this section:(1)Active shooter eventThe term active shooter event means an event in which—(A)an individual is actively engaged in unlawfully killing or attempting to kill people using explosives as defined under chapter 40 of title 18, United States Code, or weapons subject to chapter 44 of title 18 or chapter 53 of the Internal Revenue Code of 1986;(B)responding to the event poses a significant risk to human life, including the lives of law enforcement personnel and other individuals; and(C)absent an immediate use of force, the individual described in subparagraph (A) would continue posing a threat to human life.(2)Nonlethal deescalation unmanned aircraftThe term nonlethal deescalation unmanned aircraft means an unmanned aircraft operated by law enforcement that—(A)is only equipped or armed with 1 or more nonlethal weapons, including those that may be subject to the definition provided in section 930(g)(2) of title 18, United States Code; and(B)may be equipped with other nonlethal devices, including intense sound distraction emitters, cameras, targeting sensors, speakers, strobe lights, and other similar collateral equipment.(3)Nonlethal weaponThe term nonlethal weapon means a weapon, device, or munition that—(A)is explicitly designed and primarily employed to immediately incapacitate targeted individuals or property in the target area while minimizing—(i)fatalities;(ii)permanent injury to individuals; and(iii)undesired damage to property; and(B)is intended to have reversible effects on individuals and property..(b)Clerical amendmentThe analysis for chapter 448 of title 49, United States Code, is amended by adding at the end the following:‘44815. Small unmanned aircraft pilot program for law enforcement and public safety..

The firearm mortality series includes deaths across intents, including suicide and homicide. Carry rules concern firearm access; active-shooter response concerns a narrower violence component. Neither demonstrates a change in the reported deaths. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

§61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties. [Repealed.] […] (c) Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least 18 years of age; (2) A United States citizen or legal resident thereof; (3) Not prohibited from possessing a firearm under the provisions of this section; and (4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).

The firearm mortality series includes deaths across intents, including suicide and homicide. Carry rules concern firearm access; active-shooter response concerns a narrower violence component. Neither demonstrates a change in the reported deaths. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Firearm deaths. This record’s connection to the topic does not establish an effect on the measured result.

§61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties. [Repealed.] […] (c) Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least 18 years of age; (2) A United States citizen or legal resident thereof; (3) Not prohibited from possessing a firearm under the provisions of this section; and (4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).

CDC homicide mortality uses resident death certificates and differs from police-reported offenses. Murder and voluntary-manslaughter penalties concern homicide policy without demonstrating prevention or a change in death counts. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Homicide deaths · Reported violent-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

§61-2-3. Penalty for murder of second degree. Murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than 15 nor more than 60 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of 15 years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.§61-2-4. Voluntary manslaughter; penalty. Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than five nor more than 25 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of five years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

CDC homicide mortality uses resident death certificates and differs from police-reported offenses. Murder and voluntary-manslaughter penalties concern homicide policy without demonstrating prevention or a change in death counts. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Homicide deaths · Reported violent-crime rate. This record’s connection to the topic does not establish an effect on the measured result.

§61-2-3. Penalty for murder of second degree. Murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than 15 nor more than 60 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of 15 years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.§61-2-4. Voluntary manslaughter; penalty. Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than five nor more than 25 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of five years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

Foreign-born residents include naturalized citizens, lawful noncitizens and people without lawful status. The selected provisions concern subsets of that population; they do not establish anyone’s immigration status or change birthplace. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained West Virginia evidence context: Residents who are foreign-born. This record’s connection to the topic does not establish an effect on the measured result.

“(6)(A) "Human Smuggling", "smuggling", or "smuggles" means knowingly and willfully transporting, transferring, receiving, isolating, enticing, or harboring an illegal alien for the purposes of avoiding enforcement of the laws of this state, another state, or the United States. (B) The term “human smuggling” under this article does not apply to: (i) The voluntary transportation of an illegal alien by an immediate family member; (ii) Any person acting within the scope of employment, or hired or contracted, by the federal government or another state, who is acting in a manner consistent with the laws of this state and the United States, and who is transporting an illegal alien through this state; or (iii) Any person acting within the scope of his or her lawful employment or fulfilling a lawful contractual duty who is providing advocacy and shelter services required by 28 C.F.R. 90.4(c), 28 C.F.R. § 94.103(a), 28 C.F.R. § 94.116, and 45 C.F.R. 1370.2: Provided, That the person is not knowingly and willfully attempting to evade enforcement of the laws of this state, another state, or the United States. (C) Any illegal alien being transported through this state shall not be transported to this state for permanent placement.” (7) "Human trafficking", "trafficking", or "traffics" means knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor, or sexual servitude. (8) "Identification document" means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government. (9) “Illegal alien" means any individual who has entered the United States without authorization and is subject to removal if apprehended, an individual who was lawfully admitted into the United States but has since violated the terms of admission, or an individual who is otherwise unlawfully present in the United States as provided under federal immigration law. (10) “Immediate family member” means a person’s spouse, parent or step-parent, child, stepchild, or adopted child, grandparent or step-grandparent, grandchild or step-grandchild, sibling, including step-siblings and adopted siblings. The terms “step” and “adopted” include persons related by marriage or legal adoption in the same manner as those related by blood. (11) "Labor or services" means activity having economic value. (12) "Minor" means a person younger than 18 years of age or a person representing himself or herself to be a minor. Any prosecution, pursuant to this article, relating to a person that is representing himself or herself to be a minor shall be limited to investigations being conducted or overseen by law-enforcement officers. (13) "Patronize" means giving, agreeing to give, or offering to give anything of value to another person in exchange for commercial sexual activity. (14) "Person" means an individual, estate, business or nonprofit entity, or other legal entity. The term does not include a public corporation or government or governmental subdivision, agency, or instrumentality. (15) "Serious harm" means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm. (16) "Sexual activity" means sexual contact, sexual intercourse, or sexual intrusion as defined in §61-8b-1 of this code, or sexually explicit conduct as defined in §61-8-1 of this code. (17) "Sexual servitude" means: (A) Maintaining or making available a minor for the purpose of engaging the minor in commercial sexual activity; or (B) Using coercion to compel an adult to engage in commercial sexual activity. (18) "Victim" means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted. §61-14-2. Human trafficking of an individual; aiding and abetting human trafficking; human smuggling of an individual; aiding and abetting human smuggling; penalties. (a) Any person who knowingly and willfully traffics an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than three years nor more than 15 years. (b) Any person who knowingly and willfully traffics a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than five years nor more than 20 years. (c) Any person who knowingly and willfully smuggles an adult, or who knowingly and willfully aids, assists, or abets in any manner in the smuggling of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than two years nor more than 10 years. (d) Any person who knowingly and willfully smuggles a minor, or who knowingly and willfully aids, assists, or abets in any manner in the smuggling of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than three nor more than 15 years. (e) Whenever a vessel, vehicle, or aircraft is used in human trafficking or human smuggling and the owner, operator, master, pilot, conductor, driver, or any other person in charge thereof is subject to criminal penalties pursuant to a conviction for a violation of §61-14-2 of this code, the conveyance involved is subject to seizure, forfeiture, and sale in accordance with the provisions of §60A-7-701 et seq. of this code: Provided, That the owner knowingly and willfully engaged in human trafficking or human smuggling in violation of §61-14-2 of this code. §61-14-3. Use of forced labor; penalties. (a) Any person who knowingly uses an adult in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than three nor more than 15 years. (b) Any person who knowingly uses a minor in forced labor is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than five years nor more than 20 years. §61-14-4. Use of persons in debt bondage; penalties. (a) Any person who knowingly uses an adult in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than three nor more than 15 years. (b) Any person who knowingly uses a minor in debt bondage is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than five years nor more than 20 years. §61-14-5. Sexual servitude; penalties. (a) Any person who knowingly uses coercion to compel an adult to engage in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than 25 years. (b) Any person who knowingly maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than 50 years. (c) It is not a defense in a prosecution under subsection (b) of this section that the minor consented to engage in commercial sexual activity, or that the defendant believed the minor was an adult. §61-14-6. Patronizing a victim of sexual servitude; penalties. (a) Any person who knowingly patronizes another in commercial sexual activity and who knows that such person patronized is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than two years nor more than 10 years. (b) Notwithstanding the provisions of subsection (a) of this section, any person who knowingly patronizes a minor to engage in commercial sexual activity and who knows or has reason to know that the minor is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than five nor more than 20 years. §61-14-7. General provisions and other penalties. (a) Separate violations. — For purposes of this article, each adult or minor victim constitutes a separate offense. (b) Aggravating circumstance. — (1) Notwithstanding any provision of this code to the contrary, if an individual is convicted of an offense under this article and the trier of fact makes a finding that the offense involved an aggravating circumstance, the individual is not eligible for parole before serving five years in a state correctional facility when the sentence is of an indeterminate nature. (2) Notwithstanding any provision of this code to the contrary, if an individual is convicted of an offense under this article in which the victim is a minor, that individual is not eligible for parole. (3) For purposes of this subsection, "aggravating circumstance" means any of the following: (A) The individual recruited, enticed, or obtained the victim from a shelter or facility that provides services to runaway youth, children in foster care, the homeless, or victims of human trafficking, domestic violence, or sexual assault; or (B) The human trafficking or smuggling offense involved one or more of the following: (i) The use of a deadly weapon, or the threat of use of a deadly weapon; (ii) Bodily injury or disfigurement to any individual who was trafficked or smuggled; (iii) The commission of a sexual offense against any individual who was trafficked or smuggled, or causing individuals being trafficked or smuggled to become a victim of a sexual offense; or (iv) Causing any individual to engage in sexual servitude. (c) Restitution. — (1) The court shall order a person convicted of an offense under this article to pay restitution to the victim of the offense. Restitution may also be awarded to any third parties, public or private, who incurred costs as a result of any offense under this article. (2) A judgment order for restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action in accordance with §61-11A-4 of this code, including filing a lien against the person, firm, or corporation against whom restitution is ordered. (3) The court shall order restitution under subdivision (1) of this subsection even if the victim is unavailable to accept payment of restitution. (4) If the victim does not claim restitution ordered under subdivision (1) of this subsection within five years of the entry of the order, the restitution shall be paid to the Crime Victims Compensation Fund created under §14-2A-4 of this code. (d) Eligibility for Compensation Fund. — Notwithstanding the definition of victim in §14-2A-3 of this code, a victim of any offense under this article is a victim for all purposes of §14-2A-1 et seq. of this code: Provided, That for purposes of §14-2A-1(b) of this code, if otherwise qualified, a victim of any offense under this article may not be denied eligibility solely for the failure to report to law enforcement within the designated time frame. (e) Law Enforcement Notification. —If a law-enforcement officer encounters a child who reasonably appears to be a victim of an offense under this article, the officer shall notify the Department of Human Services. If available, the Department of Human Services may notify the Domestic Violence Program serving the area where the child is found. (f) Forfeiture; Debarment. — (1) The following are declared to be contraband and no person shall have a property interest in them: (A) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and (B) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this article. (2) In any action under this section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (3) Forfeiture actions under this section shall use the procedure set forth in article §60A-7-1 et seq. of this code. (4) Any person or business entity convicted of a violation of this article shall be debarred from state or local government contracts. §61-14-8. Immunity for minor victim of sex trafficking. (a) In a prosecution or a juvenile proceeding for an offense of prostitution in violation of §61-8-5(b) of this code, a minor may not be held criminally liable if the court determines that the minor is a victim of an offense under this article: Provided, That subject to proof, a minor so charged shall be rebuttably presumed to be a victim under the provisions of this article. (b) This section does not apply in a prosecution or a juvenile proceeding for any of the other offenses under §61-8-5(b) of this code, including specifically soliciting, inducing, enticing, or procuring another to commit an act or offense of prostitution, unless it is determined by the court that the minor was coerced into the criminal behavior. (c) A minor who, under subsection (a) or (b) of this section, is not subject to criminal liability or adjudication as a juvenile delinquent is presumed to be an abused child as defined in §49-1-201 of this code and may be eligible for services under Chapter 49 of this code including, but not limited to, appropriate child welfare services including, but not limited to, comprehensive trauma-informed services that are specialized to the needs of child victims of sexual abuse and exploitation or child sex trafficking victims. §61-14-10. Exemption for medical, mental health, and legal services. Notwithstanding any other provision of this code, this article does not apply to any person providing medical or mental health services to an illegal alien, or to any licensed attorney or their support staff who maintain an active attorney-client relationship with an illegal alien and are representing that person in either a criminal matter against the illegal alien or litigation concerning the illegal alien’s legal status under federal immigration or naturalization law.