1 of 1 DOCUMENT

WEST VIRGINIA CODE ANNOTATED
Copyright (c) 2004 by Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
All rights reserved.

(CURRENT THROUGH 2004 SECOND EXTRAORDINARY SESSION)
ANNOTATIONS CURRENT THROUGH AUGUST 27, 2004

CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 6. CRIMES AGAINST THE PEACE

GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

W. Va. Code § 61-6-21 (2004)

§ 61-6-21. Prohibiting violations of an individual's civil rights; penalties.

(a) All persons within the boundaries of the state of West Virginia have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation or sex.

(b) If any person does by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the state of West Virginia or by the Constitution or laws of the United States, because of such other person's race, color, religion, ancestry, national origin, political affiliation or sex, he or she shall be guilty of a felony, and, upon conviction, shall be fined not more than five thousand dollars or imprisoned not more than ten years, or both.

(c) If any person conspires with another person or persons to willfully injure, oppress, threaten, or intimidate or interfere with any citizen because of such other person's race, color, religion, ancestry, national origin, political affiliation or sex in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the state of West Virginia or by the Constitution or laws of the United States, and in willful furtherance thereof to assemble with one or more persons for the purpose of teaching any technique or means capable of causing property damage, bodily injury or death when such person or persons intend to employ such techniques or means to violate this section, each such person shall be guilty of a felony, and, upon conviction, shall be fined not more than five thousand dollars or imprisoned not more than ten years, or both.

(d) The fact that a person committed a felony or misdemeanor, or attempted to commit a felony, because of the victim's race, color, religion, ancestry, national origin, political affiliation or sex, shall be considered a circumstance in aggravation of any crime in imposing sentence.

(e) Nothing contained in this section makes unlawful the teaching of any technique in self-defense.

(f) Nothing in this section shall be construed so as to make it unlawful nor to prohibit nor, in any manner, to impede or to interfere with any person in conducting labor union or labor union organizing activities.

HISTORY: 1987, c. 40.

NOTES:
ALR REFERENCES. -- What constitutes duress by employer or former employer vitiating employee's release of employer from claims arising out of employment, 30 ALR4th 294.
Truth as defense to state charge of criminal intimidation, extortion, blackmail, threats, and the like, based upon threats to disclose information about victim, 39 ALR4th 1011.
Validity, construction, and effect of "hate crimes" statutes, "ethnic intimidation" statutes, or the like, 22 ALR5th 261.

HIERARCHY NOTES
W. Va. Code 61 Ch Note
W. Va. Code 61-6 Art Note