WEST virginia legislature

2025 regular session

ENGROSSED

Committee Substitute

for

House Bill 2551

By Delegates Foggin, Roop, and Pritt

[Originating in the Committee on the Judiciary; Reported on March 28, 2025]

A BILL to amend and reenact §19-18-3 of the Code of West Virginia, 1931, as amended, relating to criminal penalties for trespassing livestock; increasing the criminal penalties for the second and subsequent misdemeanor offenses of negligently permitting livestock to run at large and trespass on the property of other landowners which injures a person or destroys the property of another person; extending the period of time in which a person may be charged with a violation of the section; and creating criminal penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 18. GENERAL STOCK LAW. §19-18-3. Criminal penalties for trespassing livestock.

(a) While livestock may escape enclosures due to accident or unforeseen circumstances, it is unlawful for the owner of livestock to negligently permit livestock to run at large and trespass on the property of other landowners.

(b) If livestock injures a person or destroys the property of another person while negligently trespassing, the owner of the livestock shall be given an oral or written warning for the first offense. For a second offense within six12 months of the first, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50$100 nor more than $100$200. For a third or subsequent offense within six12 months of the second or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100$200 nor more than $1,000$2000.