Criminal
Law
West Virginia Code: Homicide Provisions §61-2-1. First and second degree murder defined; allegations in indictment for homicide. Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony offense of manufacturing or delivering a controlled substance as defined in article four, chapter sixty-a of this code, is murder of the first degree. All other murder is murder of the second degree. In an indictment for murder and manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in every such indictment to charge that the defendant did feloniously, willfully, maliciously, deliberately and unlawfully slay, kill and murder the deceased. §61-2-2. Penalty for murder of first degree. Murder of the first degree shall be punished by confinement in the penitentiary for life. §61-2-3. Penalty for murder of second degree. Murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than ten nor more than forty years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of ten years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two, whichever is greater. §61-2-4. Voluntary manslaughter; penalty. Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than three nor more than fifteen years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of three years of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two, whichever is greater. §61-2-5. Involuntary manslaughter; penalty. Involuntary
manslaughter is a misdemeanor, and any person convicted thereof shall
be confined in jail not to exceed one year, or fined not to exceed one
thousand dollars, or both, in the discretion of the court.
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