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Home » US Law » 2022 West Virginia Code » Chapter 61. Crimes and Their Punishment » Article 13. Anti-Organized Criminal Enterprise Act

§61-13-1. Findings

(a) The Legislature hereby finds that there is evidence of an increasing incidence of larger scale organized criminal activity in various parts of this State and that new statutes are necessary to protect the lives and property of the overwhelming majority of West Virginians who are law-abiding citizens. The evidence presented to the Legislature reflects […]

§61-13-2. Definitions

As used in this article: "Organized criminal enterprise" means a combination of five or more persons engaging over a period of not less than six months in one or more of the qualifying offenses set forth in this section. "Qualifying offense" means a violation of the felony provisions of section eleven, article forty-one, chapter thirty-three […]

§61-13-3. Offenses

(a) Any person who knowingly and willfully becomes a member of an organized criminal enterprise and who knowingly promotes, furthers or assists in the commission of any qualifying offense himself or herself or in combination with another member of an organized criminal enterprise shall be guilty of a felony and, upon conviction, shall be confined […]

§61-13-5. Forfeiture

(a) The following are declared to be contraband and no person shall have a property interest in them: (1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and

§61-13-6. Exempted Activities; Limitations on Scope

Nothing in this section shall be construed to prevent lawful assembly and petition for the lawful redress of grievances, including, but not limited to, any labor or employment relations issue; demonstration at the seat of federal, state, county, or municipal government; or activities protected by the West Virginia Constitution or the United States Constitution or […]