West Virginia Stalking Laws
|Stalking Defined as||(1) knowingly, willfully and repeatedly follows and harasses, or (2) knowingly, willfully and repeatedly follows and makes credible threat, or (3) knowingly, willfully and repeatedly harasses and makes credible threat against a person with whom he or she has had a past relationship or would like to have a relationship|
|Punishment/Classification||Misdemeanor: jail for maximum of 6 months and/or maximum fine of $1,000. Misdemeanor if stalks in violation of court order: county jail between 90 days and 1 year and/or fine between $2,000 and $5,000|
|Penalty for Repeat Offense||If 2nd conviction within 5 years of prior conviction: county jail between 90 days and 1 year and/or fine between $2,000 and $5,000. If 3rd or subsequent within 5 years: felony; locked up in penitentiary between 1 and 5 years and/or fine between $3,000 and $10,000. If there is restraining order and convicted of 2nd or subsequent offense: county jail for 6 months to 1 year and/or fine between $2,000 and $5,000|
|Arrest or Restraining Order Specifically Authorized by Statute?||Upon conviction, court may issue restraining order for period not to exceed 10 years|
|Constitutionally Protected Activities Exempted?||Any labor disputes or other activities protected by the Constitution|
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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