West Virginia Code § 61-5-8

Aiding escape and other offenses relating to adults and juveniles in custody
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or confinement; penalties.
(a) Where any adult or juvenile is lawfully detained in custody or confinement in any jail,
state correctional facility, juvenile facility or juvenile detention center, if any other person
delivers anything into the place of custody or confinement of the adult or juvenile with the
intent to aid or facilitate the adult's or juvenile's escape or attempted escapee therefrom, or if
the other person forcibly rescues or attempts to rescue an adult or a juvenile therefrom, the
other person is guilty of a felony and, upon conviction thereof, shall be rconfined in a state
correctional facility not less than one nor more than ten years.
(b) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, a
state correctional facility or a juvenile facility or juvenile dettention center, if any other
person delivers any money or other thing of value, any written or printed matter, any article
of merchandise, food or clothing, any medicine, utensil or instrument of any kind to the adult
or juvenile without the express authority and permission of the supervising officer and with
knowledge that the adult or juvenile is lawfully detained, the other person is guilty of a
misdemeanor and, upon conviction thereof, shsall be fined not less than $50 nor more than
$500 and confined in jail not less than three nor more than twelve months: Provided, That
the provisions of this section do not prohibit an attorney or his or her employees from
supplying any written or printed magterial to an adult or juvenile which pertains to that
attorney's representation of the adult or juvenile.
(c)(1) If any person transports any alcoholic liquor, nonintoxicating beer, poison, implement
of escape, dangerous mLaterial, weapon, or any controlled substance as defined by chapter
sixty-a of this code onto the grounds of any jail, state correctional facility, juvenile facility or
juvenile detention center within this state and is unauthorized by law to do so, or is
unauthorized by the persons supervising the facility, the person is guilty of a felony and,
upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or
confined in a state correctional facility not less than two years nor more than ten years, or
botWh, or, in the discretion of the court, be confined in jail not more than one year and fined
not more than $500.
(2) If any person willfully and knowingly transports or causes to be transported any
telecommunications device into or upon any portion of any jail, state correctional facility,
juvenile facility or juvenile detention center within this state that is not generally open and
accessible to members of the public without prior approval from the warden/administrator or
designee and such person is unauthorized by law to do so, or is unauthorized by the persons
supervising the facility, the person is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $100 nor more than $500 or confined in jail not more than one
year or both fined and confined.
(d) If any person delivers any alcoholic liquor, nonintoxicating beer, poison, implement of
escape, dangerous material, weapon or any controlled substance as defined by chapter sixty-
a of this code to an adult or juvenile in custody or confinement in any jail, state correctional
facility, juvenile facility or juvenile detention center within this state and is unauthorized by
law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of
a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than
$5,000 or confined in a state correctional facility not less than one year nor more than five
years, or both.
(e) Whoever purchases, accepts as a gift or secures by barter, trade or in aney other manner
any article or articles manufactured at or belonging to any jail, state correctional facility,
juvenile facility or juvenile detention center from any adult or juvenile dretained therein is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor
more than $500 and confined in jail not less than three nor more than twelve months:
Provided, That the provisions of this subsection do not apply to articles specially
manufactured in any facility under the authorization of the ptersons supervising the facility
and which are offered for sale within or outside of the facility.
(f) Whoever persuades, induces or entices or attempts to persuade, induce or entice any
person who is in custody or confined in any jail, state correctional facility, juvenile facility or
juvenile detention center to escape therefroms or to engage or aid in any insubordination to
the persons supervising the facility is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $500 and confined in jail not less than three
nor more than twelve months. g
(g) (1) An inmate of a jail, statee correctional facility, juvenile facility or juvenile detention
center having in his or her possession any poison, implement of escape, dangerous material,
weapon, telecommunicaLtions device or any controlled substance as defined by chapter sixty-
a of this code is guilty of a felony and, upon conviction thereof, shall be fined not less than
$1,000 nor more than $5,000 or confined in a state correctional facility not less than one
year nor more than five years, or both, or, in the discretion of the court, be confined in jail
not more than one year and fined not more than $500.
(2) WAn inmate of a jail, state correctional facility, juvenile facility or juvenile detention center
having in his or her possession any alcoholic liquor, nonintoxicating beer, money or other
thing of value, any written or printed matter, any article of merchandise, food or clothing,
any medicine, utensil or instrument of any kind without the express authority and permission
of the supervising officer is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $50 nor more than $500 and confined in jail not more than twelve
months.
(h) As used in this section:
(1) "Dangerous material" means any incendiary material or device, highly flammable or
caustic liquid, explosive, bullet or other material readily capable of causing death or serious
bodily injury.
(2) "Delivers" means to transfer an item to an adult or juvenile who is detained in custody or
confinement in any jail, correctional facility, juvenile facility or juvenile detention center or a
building appurtenant to those places. The term includes bringing the item into a jail,
correctional facility, juvenile facility or juvenile detention center or a building appurtenant to
those places. The term includes putting an item in a place where it may be obtained by an
inmate.
(3) "Inmate" means an adult or juvenile who is detained in custody or confineement in any jail,
correctional facility, juvenile facility or juvenile detention center, regardless of whether the
individual is temporarily absent due to medical treatment, transportatiorn, court appearance
or other reason for a temporary absence.
(4) "Implement of escape" means a tool, implement, device, equipment or other item which
an inmate is not authorized to possess capable of facilitatingt, aiding or concealing an escape
or attempted escape by an inmate.
(5) "Telecommunication device" means any type of instrument, device, machine or
equipment which is capable of transmitting telepholnic, electronic, digital, cellular or radio
communications or any part of an instrument,s device, machine or equipment which is
capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio
communications regardless of whether the part itself is able to transmit. The term includes,
but is not limited to, cellular phonesg, digital phones and modem equipment devices.
(6) "Weapon" means an implement readily capable of lethal use and includes any firearm,
knife, dagger, razor, other cutting or stabbing implement or club. The term includes any
item which has been modified or adapted so that it can be used as a firearm, knife, dagger,
razor, other cutting or stabbing implement or club. For purposes of this definition, the term
"firearm" includes an unloaded firearm or the unassembled components of a firearm.

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