The bill amends West Virginia's burglary laws by updating the terminology and clarifying the legal framework surrounding burglary offenses. Specifically, it replaces the term "outhouse" with "outbuilding" in the definition of burglary, which pertains to the unlawful entry of a dwelling or its adjoining structures with the intent to commit a crime. The bill also specifies that a person found guilty of burglary will face imprisonment for a minimum of one year and a maximum of 15 years.
Additionally, the bill introduces a new provision that allows for the inference of criminal intent in burglary prosecutions. It states that if a person unlawfully enters or remains in another's dwelling, it may be inferred that they intended to commit a crime against a person or property within that dwelling. This change aims to strengthen the prosecution's case in burglary incidents by clarifying the assumptions that can be made regarding a defendant's intent.
Statutes affected: Introduced Version: 61-3-11
Committee Substitute: 61-3-11
Engrossed Committee Substitute: 61-3-11