WEST virginia legislature
2025 regular session
Introduced
Senate Bill 864
By Senators Deeds, Fuller, Hamilton, Morris, Phillips, Queen, and Thorne
[Introduced March 21, 2025; referred to the Committee on the Judiciary]
A BILL to amend and reenact ยง61-3-11 of the Code of West Virginia, 1931, as amended, relating to crimes against property; and clarifying the inference of criminal intent in a burglary prosecution.
Be it enacted by the Legislature of West Virginia:
(a) Any person who breaks and enters, or enters without breaking, a dwelling house of another or outbuilding adjoining the dwelling with the intent to commit a violation of the criminal laws of this state is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 15 years.
(b) The term "dwelling house", as used in subsection (a) of this section, includes, but is not limited to, a mobile home, house trailer, modular home, factory-built home, or self-propelled motor home, used as a dwelling regularly or only from time to time, or any other nonmotorized vehicle primarily designed for human habitation and occupancy and used as a dwelling regularly or only from time to time.
(c) For purposes of this section, a dwelling or adjoining outbuilding is considered to be that of another if the person breaking and entering, or entering without breaking, knows that he or she is prohibited from being there.
(d) In a prosecution under this section, a person who enters or remains unlawfully in a dwelling house may be inferred to have acted with intent to commit a crime against a person or property therein, unless the entering or remaining is satisfactorily explained by evidence to the trier of fact to have been made without criminal intent.
NOTE: The purpose of this bill is to clarify the inference of criminal intent in a burglary prosecution.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.