West Virginia Code § 61-5-9

Permitting escape; refusal of custody of prisoner; penalties
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If a jailer or other officer, or private correctional officer aid or voluntarily suffer a prisoner
convicted or charged with felony to escape from his custody, he shall be deemed guilty of a
felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more
than five years. If any such jailer or other officer, or private correctional officer negligently,
but not voluntarily, suffer a person convicted of or charged with felony, or veoluntarily or
negligently suffer a person convicted of or charged with an offense not a felony, to escape
from his custody, or willfully refuse to receive into his custody any persron lawfully
committed thereto, he shall be guilty of a misdemeanor, and, upon conviction, shall be
confined in jail not less than six months, or be fined not exceeding $1,000, or both such fine
and confinement.

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