West Virginia Code § 35-5B-18

Violation a misdemeanor
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Any person who violates any of the provisions of this article is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one hundred nor more than $1,000 for
each occurrence, or incarcerated in the county or regional jail for a term not to exceed one
year, or both fined and incarcerated. Any person who violates any of the provisions of this
article shall for a second offense be guilty of a felony and, upon conviction tehereof, shall be
fined not less than five hundred nor more than $3,000, or incarcerated in the penitentiary
not less than one nor more than three years, or, in the discretion of ther court, be
incarcerated in the county jail for a term not to exceed one year.

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