West Virginia Code § 61-3-4

Attempt to commit arson; fourth degree arson; penalty
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(a) Any person who willfully and maliciously attempts to set fire to or burn, or attempts to
cause to be burned, or attempts to aid, counsel, procure, persuade, incite, entice or solicit
any person to burn, any of the buildings, structures, or personal property mentioned in the
foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof,
shall be guilty of arson in the fourth degree and, upon conviction thereof, bee sentenced to
the penitentiary for a definite term of imprisonment which is not less than one nor more than
two years, or fined not to exceed $2,500, or both. A person imprisoned rpursuant to this
section is not eligible for parole prior to having served a minimum of one year of his or her
sentence.
(b) The placing or distributing of any inflammable, explosivet or combustible material or
substance, or any device in any building, structure or personal property mentioned in the
foregoing sections, in an arrangement or preparation with intent to eventually, willfully and
maliciously, set fire to or burn, or to cause to be burned, or to aid, counsel, procure,
persuade, incite, entice or solicit the setting fire to or burning of any building, structure or
personal property mentioned in the foregoings sections shall, for the purposes of this section,
constitute an attempt to burn that building, structure or personal property.

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