West Virginia Code § 61-10-32

Unlawful contact with a Division of Corrections employee or member of
Open in Lexace · Ask the AI about this section
the Parole Board; penalty.
(a) It shall be unlawful for a former inmate of the Division of Corrections to make a
telephone call to a Division of Corrections employee or member of the Parole Board when
the employee has requested in writing to that former inmate that he or she not call and the
former inmate has actually been served with a copy of the written request. e
(b) It shall be unlawful for a former inmate of the Division of Corrections to willfully and
repeatedly follow a Division of Corrections employee or member of the Parole Board with
whom he or she seeks to establish a personal or social relationshuip when the Division of
Corrections employee or member of the Parole Board has expressed to the former inmate
that he or she wishes not to have contact with the former inmtate.
(c) It shall be unlawful for a former inmate of the Division of Corrections to harass or make
credible threats against a Division of Corrections employee or member of the Parole Board.
(d) Any offense committed under subsection (as) may be deemed to have occurred at the
place at which the telephone call was made, or the place at which the telephone call was
received. i
(e) Any person who violates any provision of this section shall be guilty of a misdemeanor
and, upon conviction thereof, shall, for a first offense, be fined not more than $500. Any
person violating this section for a second offense shall be imprisoned not less than ten days
nor more than six months, or both fined and imprisoned.
(f) For purposes of this section:
(1) "Harass" mVeans willful conduct directed at a specific person or persons which would
cause a reasonable person mental injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made with apparent ability to carry out
the threat and with the result that a reasonable person would believe that the threat would
be carried out;
(3) "Bodily injury" means substantial physical pain, illness or any impairment of physical
condition;
(4) "Immediate family" means a spouse, parent, stepparent, mother-in-law, father-in-law,
child, stepchild, sibling, or any person who regularly resides in the household or within the
prior six months regularly resided in the household.
(g) Upon conviction, the court may issue an order restraining the defendant from any
contact with the victim for a period not to exceed ten years. The length of any restraining
order shall be based upon the seriousness of the violation before the court, the probability of
future violations, and the safety of the victim or his immediate family. The duration of the
restraining order may be longer than five years only in cases when a longer duration is
necessary to protect the safety of the victim or his or her immediate family.
(h) It is a condition of bond for any person accused of the offense described in this section
that the person is to have no contact, direct or indirect, verbal or physical with the alleged
victim.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.