This bill amends West Virginia Code §61-11-6, which pertains to the punishment of accessories to crimes. It specifies that individuals who are domestic partners of felony offenders cannot be classified as accessories after the fact. Additionally, the bill removes the previous prohibition against servants of offenders being considered accessories after the fact. It establishes that accessories to felonies who are immediate family members (brother, sister, parent, grandparent, child, or grandchild) of the principal offender will be guilty of a misdemeanor. Furthermore, it clarifies that being an accessory to a misdemeanor is also classified as a misdemeanor.

The bill introduces new penalties for those classified as accessories after the fact. Specifically, it states that such individuals are guilty of a misdemeanor and may face up to one year in jail and a fine of up to $500. For those who knowingly assist a principal felon after the commission of a felony, they will be considered an accessory after the fact and guilty of a felony, with potential imprisonment in a state correctional facility for up to five years or half the maximum penalty of the underlying felony, whichever is lesser. The bill also establishes that accessories to misdemeanors are guilty of a misdemeanor, with penalties including up to 30 days in jail or a fine of up to $500.

Statutes affected:
Introduced Version: 61-11-6