Murder in West Virginia law

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Murder in West Virginia constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of West Virginia.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country. [1]

Felony murder rule

In the state of West Virginia the common law felony murder rule is codified at W. Va. Code § 61-2-1 (1991). This statute provides that someone kills another during the commission of, or attempt to commit arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony offense of manufacturing or delivering a controlled substance shall be guilty of first degree murder. [2]

Penalties

Source: [3]

OffenseMandatory sentencing
Second Degree Murder10–40 years
First Degree MurderLife without parole or 15 years to life

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References

  1. "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. "W. Va. Code § 61-2-1 (1991)" . Retrieved March 5, 2012.
  3. "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved August 2, 2012.