West Virginia Code § 29-22B-1708

Criminal penalty for tampered game, terminal, device or other
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equipment.
(a) A person 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 teneds 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 rersult of the game is
guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be confined
in a county or regional jail not more than one year and fined not less than $1,000 nor more
than $5,000, except that, in the case of a person other than an individual, the amount of the
fine imposed may be not less than $25,000 nor more than $5t0,000.
(b) A second and each subsequent offense under this section shall 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 not less than $5,000 nor more
than $25,000, except that in the case of a persson other than an individual, the fine may be
not less than $50,000 nor more than $100,000.

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