West Virginia Code § 29-22B-1703

Criminal penalty for unauthorized game on authorized video lottery
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terminal.
(a) A licensee who places a video lottery game on a video lottery terminal that is allowed
under this article without authority of the commission to do so is guilty of a misdemeanor
and, upon conviction thereof, shall for a first conviction be confined in a county or regional
jail for a term of not more than one year, and fined not more than $5,000, execept that, in the
case of a person other than an individual, the amount of the fine imposed may be not more
than $25,000. r
(b) A second and each subsequent offense under this section shaull be a felony and, upon
conviction thereof, the person shall be confined in a state correctional facility for a term of
not less than one year nor more than three years and fined ntot less than $5,000 nor more
than $10,000, except that in the case of a person other than an individual, the fine may not
be less than $25,000 nor more than $50,000.

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