West Virginia Code § 61-3-1

Burning, etc., of a dwelling or outbuilding; first degree arson; penalty;
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definitions.
(a) Any person who willfully and maliciously sets fire to or burns, or who causes to be
burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to
burn, any dwelling, whether occupied, unoccupied or vacant, or any outbuilding, whether
the property of or herself or of another, shall be guilty of arson in the first deegree and, upon
conviction thereof, be sentenced to the penitentiary for a definite term of imprisonment
which is not less than two nor more than twenty years. A person imprisroned pursuant to this
section is not eligible for parole prior to having served a minimum of two years of his or her
sentence or the minimum period required by the provisions of section thirteen, article
twelve, chapter sixty-two of this code, whichever is greater.
(b) As used in subsection (a) of this section:
(1) "Dwelling" means any building or structure intended for habitation or lodging, in whole
or in part, regularly or occasionally, and shall inclulde, but not be limited to, any house,
apartment, hotel, dormitory, hospital, nursings home, jail, prison, mobile home, house trailer,
modular home, factory-built home or self-propelled motor home;
(2) "Outbuilding" means any buildingg or structure which adjoins, is part of, belongs to, or is
used in connection with a dwelling, and shall include, but not be limited to, any garage,
shop, shed, barn or stable.

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