WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Committee Substitute for Senate Bill 578
By Senators Trump, Woelfel, and Deeds [Passed March 9, 2024; in effect 90 days from passage]
 Enr CS for SB 578
1 AN ACT to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating
2 to clarifying that the offense of burglary involves a dwelling or outbuilding belonging to
3 another; clarifying what constitutes a dwelling of another; and establishing criminal
4 penalties.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-11. Burglary; entry of dwelling or outhouse; criminal penalties.
1 (a) Any person who breaks and enters, or enters without breaking, a dwelling house of
2 another or outbuilding adjoining the dwelling with the intent to commit a violation of the criminal
3 laws of this state is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state
4 correctional facility for not less than one nor more than 15 years.
5 (b) The term "dwelling house", as used in subsection (a) of this section, includes, but is not
6 limited to, a mobile home, house trailer, modular home, factory-built home, or self-propelled motor
7 home, used as a dwelling regularly or only from time to time, or any other nonmotorized vehicle
8 primarily designed for human habitation and occupancy and used as a dwelling regularly or only
9 from time to time.
10 (c) For purposes of this section, a dwelling or adjoining outbuilding is considered to be that
11 of another if the person breaking and entering, or entering without breaking, knows that he or she
12 is prohibited from being there.
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Statutes affected:
Introduced Version: 61-3-11
Committee Substitute: 61-3-11
Enrolled Committee Substitute: 61-3-11