West Virginia Code § 29-22A-16

Offenses and penalties
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(a) A licensee who places a video lottery game or video lottery terminal into play without
authority of the commission to do so is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in jail not more than one year and fined not more than $5,000,
except that in the case of a person other than a natural person, the amount of the fine
imposed may be not more than $25,000. e
(b) A person who operates, carries on or exposes for play a video lottery game or video
lottery terminal after the person's license has expired and prior to the actual renewal thereof
is guilty of a misdemeanor, and, upon conviction thereof, shall beu confined in jail not more
than one year and fined not more than $5,000, except that in the case of a person other than
a natural person, the amount of the fine imposed may be nott more than $25,000.
(c) A licensee who possesses any video lottery terminal or other device, equipment or
material which the person knows has been manufactured, distributed, sold, tampered with
or serviced in violation of the provisions of this artilcle is guilty of a misdemeanor, and, upon
conviction thereof, shall be confined in jail nost more than one year and fined not more than
$5,000, except that in the case of a person other than a natural person, the amount of the
fine imposed may be not more than $25,000.
(d) A licensee who knowingly conducts, carries on, operates or exposes for play, or allows to
be conducted, carried on, operated or exposed for play any video lottery game, video lottery
terminal, or other device, equipment or material which has in any manner been tampered
with, or placed in a condition, or operated in a manner, the result of which tends to deceive
the public or tends to alter the normal random selection of characteristics or the normal
chance of the video lottery game which could determine or alter the result of the game is
guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than
one year and fined not more than $5,000, except that in the case of a person other than a
natural person, the amount of the fine imposed may be not more than $50,000.
(e) A licensee who employs or continues to employ an individual, not issued a permit under
the provisions of this article, in a position with duties which would require a permit under
the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall
be confined in jail not more than one year and fined not more than $5,000, except that in the
case of a person other than a natural person, the amount of the fine imposed may be not
more than $25,000.
(f) A person who, without obtaining the requisite permit as provided for in this article, works
or is employed in a position with duties which would require a permit under the provisions of
this article is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail
not more than one year and fined not more than $10,000.
(g) A person who, while a video lottery game is being played at a licensed racetrack, uses, or
assists another in the use of, an electronic, electrical, or mechanical device which is
designed, constructed, or programmed specifically for use in obtaining an advantage at
playing any video lottery game is guilty of a misdemeanor, and, upon conviction thereof,
shall be confined in jail not more than six months or fined not more than $1,000, or both.
(h) A person who knowingly violates a provision of this article, or the rules of play or game
rules of a video lottery game and who profits thereby in an amount equal to $1,000 or more,
is guilty of a felony, and, upon conviction thereof, shall be imprisoned in thee penitentiary not
less than one nor more than ten years, or, in the discretion of the court, be confined in jail
not more than one year and shall be fined not more than $2,500. If the rperson profits
thereby in an amount less than $1,000, such person is guilty of a misdemeanor, and, upon
conviction thereof, shall be confined in jail for a term not to exceed one year or fined not to
exceed $2,500, or both.
(i) A person who fails to perform any of the duties or obligations created and imposed upon
them by the provisions of this article shall be subject to a civil penalty as may be determined
by the commission, not to exceed $10,000.

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