West Virginia Code § 61-3E-5

Causing death or injury; penalties
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(a) Any person who violates the provisions of this article which violation causes bodily injury
to any person shall be guilty of a felony and, upon conviction thereof, shall be committed to
the custody of the Division of Corrections for not less than two nor more than ten years, or
fined not more than $5,000, or both.
(b) Any person who violates the provisions of this article which violation causes serious
bodily injury to any person shall be guilty of a felony and, upon conviction thereof, shall be
committed to the custody of the Division of Corrections for not less than three nor more than
fifteen years, or fined not more than $10,000, or both. u
(c) Any person who violates the provisions of this article which violation causes the death of
any person shall be guilty of a felony and, upon conviction thereof, shall be committed to the
custody of the Division of Corrections for a definite term of years of not less than ten years
nor more than forty years. No person sentenced to a period of imprisonment pursuant to the
provisions of this subsection shall be eligible for palrole prior to having served a minimum of
ten years. s

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