THE WEST VIRGINIA STATE CODE, CHAPTER 61-2-14b Through 14e

"WEST VIRGINIA STATE CODE"
CHAPTER 61, ARTICLE 2, SECTIONS 14b through 14e
Crimes Against The Person.



Index



ARTICLE 2-14b.	VENUE OF OFFENCES UNDER §§61-2-14 AND 61-2-14a.
ARTICLE 2-14c.	PENALTY FOR THREATS TO KIDNAP OR DEMAND RANSOM.
ARTICLE 2-14d.	CONCEALMENT OR REMOVAL OF MINOR CHILD FROM CUSTODIAN OR FROM PERSON ENTITLED TO VISITATION.
ARTICLE 2-14e.	ONE AIDING AND ABETTING IN OFFENCE UNDER §61-2-14, §61-2-14a, §61-2-14c, or §61-2-14d GUILTY AS PRINCIPLE; VENUE.
§61-2-14b. VENUE OF OFFENCES UNDER §§61-2-14 AND 61-2-14a.

In the case of every offence committed in violation of the provisions of section fourteen and section fourteen-a [§§61-2-14 AND 61-2-14a] of this article, regardless of wheather the offense orginated within or without this State, thevenue of the offense shall lie in the county where the person was taken, or otherwise kidnapped, in the county wheresuch person was held or detained, or in the county through which such person was conducted or transported. (1933, 2nd Ex. Sess., c. 70)

Allegations sufficient to lay venue.- The allegations of an indictment under §61-2-14a which charge the accused with the commission of numerous and specific acts in Monongalia county, particularly the acts of taking, confining, cconcealing, transporting, holding and detaining the victem in monongalia county, are sufficient to lay the venue of the offense in that county and satisfy that requirement of this section. Pyles v. Boles, 148 W. Va. 465, 135 S.E.2d 692, cert. denied, 379 U.S. 864, 85 S. Ct. 130, 13 L. ED. 2d 67 (1964).

§61-2-14c. PENALTY FOR THREATS TO KIDNAP OR DEMAND RANSOM.

If any person, with the intent to extort from any other person any ransom, money or other thing, or any concession or advantage of any sort, shall, by speech, writing, printing, drawing or any other method or means of communication, directly or indirectly threaten to take away forcibly or by stealth or otherwise kidnap any person, or shall directly or indirectly demand, orally or in writing, or by any other means of communication, any ransom, money or other thing, or any advantage of any sort, on a threat to take away forcibly or by stealth or otherwise kidnap any person, he shall be guilty of a felony, and, upon conviction, shall be punished with confinment in the penitentiary for any term of years not less than five. (1933, 2nd Ex. Sess., c. 70.)

Cited in State v. Houston, 273 S.E.2d 275 (W. Va. 1980).

§61-2-14d. CONCEALMENT OR REMOVAL OF MINOR CHILD FROM CUSTODIAN OR FROM PERSON ENTITLED TO VISITATION.

(a) Any person who conceals a, takes or removes a minor child in violation of any court order and with the intent to deprove another person of lawful custody or visitation rights shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years, or in the discretion of the court, shall be imprisoned in the county jail not more than one year or fined not more than one thousand dollars, or both fined and imprisoned.

(b) Any person who violates this section and in so doing so removes the minor child from this state or conceals the minor child in another state shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years or fined not more than one thousand dollars, or both fined and imprisoned.

(c) It shall be a defense under this section that the accused reasonably believed such action was necessary to preserve the welfare of the minor child. The mere failure to return a minor child at the expiration of any lawfulcustody or visitation period without the intent to deprive another person of lawful custody or visitation rights shall not constitute an offense under this section. (1984. c. 53)

Cited in State v. Houston, 273 S.E.2d 375 (W. Va. 1980)
Sams v. Boston, 384 S.E.2d 151 (W. Va. 1989)

§61-2-14e. ONE AIDING AND ABETTING IN OFFENCE UNDER §61-2-14, §61-2-14a, §61-2-14c, or §61-2-14d GUILTY AS PRINCIPLE; VENUE.

If any person in any way knowingly aid or abet any other person in the commission of any offense described in section fourteen, fourteen-a, fourteen-c or fourteen=d [§61-2-14a, §61-2-14c, or §61-2-14d] of this article, either as accessory before or an accessory after the fact, such person so aiding and abetting shall be guilty as a principal in the commission of such offense and shall be punished in the same manner and to the same extent as is provided in said sections for the person who committed the offense. The venue of any offense committed in violation of the provissions of this section shall be as provided in section seven [§61-11-7], article eleven of this chapter. (1933, 2nd EX. Sess., c. 70; 1984, c. 53)

Editor's notes.- Since Acts 1984, c. 53 transferred the substance of former § 61-2-14d to this section, the historical citation was transferred as well.

Cited in State ex rel. Brown v. Thompson, 149 W. Va. 649, 142 S. E.2d 711 (1965)

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