West Virginia Disorderly Conduct and Trespass Laws (2026)

West Virginia has one disorderly conduct statute, W. Va. Code 61-6-1b, and it works differently from most states: the offense requires that a person disturb the peace in a listed public or semi-public place and then persist after a law-enforcement officer asks them to stop. It is a misdemeanor punishable by confinement in jail for 24 hours or a fine of not more than $100.

Criminal trespass sits in Article 3B of Chapter 61 and has no degrees. Section 61-3B-2 covers structures and conveyances and section 61-3B-3 covers other property; both are misdemeanors that mostly carry fines. Trespass becomes a felony only in special forms, such as entering an underground coal mine without permission; willfully damaging or tampering with critical infrastructure equipment and causing more than $2,500 in damage is a separate felony. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia's state criminal statutes on disorderly conduct (W. Va. Code 61-6-1b), related public-order offenses in Article 6 of Chapter 61 and elsewhere in the Code, and criminal trespass (Article 3B of Chapter 61, section 61-10-34 and the criminal provisions of the Stop Squatters Act in Article 3C of Chapter 55). It does not cover local noise ordinances and quiet hours (see West Virginia noise laws), the procedure for removing squatters (see West Virginia squatters' rights), use of force against an intruder (see West Virginia self-defense laws), municipal ordinances, civil trespass lawsuits, or federal property rules.

Disorderly conduct in West Virginia: section 61-6-1b

Section 61-6-1b(a) is the only West Virginia offense named disorderly conduct. Its full text reads:

"Any person who, in a public place, any office or office building of the State of West Virginia, or in the State Capitol complex, or on any other property owned, leased, occupied or controlled by the State of West Virginia, a mobile home park, a public parking area, a common area of an apartment building or dormitory, or a common area of a privately owned commercial shopping center, mall or other group of commercial retail establishments, disturbs the peace of others by violent, profane, indecent or boisterous conduct or language or by the making of unreasonably loud noise that is intended to cause annoyance or alarm to another person, and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity, is guilty of disorderly conduct, a misdemeanor and, upon conviction thereof, may be confined in jail for twenty-four hours or fined not more than $100: Provided, That nothing in this subsection should be construed as a deterrence to the lawful and orderly public right to demonstrate in support or protest of public policy issues." (W. Va. Code 61-6-1b(a))

Broken into its parts, the offense has three elements:

• Where: a public place, a state office or office building, the State Capitol complex, other state-controlled property, a mobile home park, a public parking area, or a common area of an apartment building, dormitory, shopping center, mall or other group of retail stores.
• What: disturbing the peace of others by violent, profane, indecent or boisterous conduct or language, or by unreasonably loud noise "that is intended to cause annoyance or alarm to another person."
• The officer's request: the person "persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity."

The section has no felony form and no higher penalty for repeat offenses.

The noise clause covers only unreasonably loud noise made with that intent, in one of the listed places, and continued after an officer's request; quiet hours and decibel limits come from local ordinances, covered on our West Virginia noise ordinance laws page.

Subsection (b) defines terms "for purposes of this section." A public parking area is "an area, whether publicly or privately owned or maintained, open to the use of the public for parking motor vehicles," so a private lot open to public parking counts. The section also defines mobile home park and mobile home, but it does not define "public place."

Public intoxication, riot and other public-order offenses

Among the other offenses in Article 6 of Chapter 61 are riot, disturbance of religious worship, disturbance of schools and assemblies, loitering on school property, camping on governmental grounds, disruption of governmental processes and offenses at the State Capitol Complex, wearing a mask to conceal identity, false bomb reports, falsely reporting an emergency, threats of a crime of violence, and terrorist threats and hoaxes. Article 6 contains no separately named breach of the peace, disturbing the peace or affray offense, and its only loitering offense is the school-property offense in section 61-6-14a. Public intoxication and funeral demonstrations sit in other parts of the Code.

Public intoxication (section 60-6-9). Chapter 60 provides that a person may not "appear in a public place in an intoxicated condition." A violation is a misdemeanor:

• First offense: a fine of $5 to $100.
• Second offense: a fine of $5 to $100 and not more than 60 days in jail or at least five hours of alcoholism counseling.
• Third and later offenses: a fine of $5 to $100 plus 5 to 60 days in jail, or the fine plus at least five hours of alcoholism counseling.

Under section 60-6-9(f), a person charged under that subdivision who is an alcoholic "shall be found not guilty by reason of addiction." Section 60-6-9(b)(1) lets an officer release an intoxicated person on a citation to a sober person who accepts responsibility for them, and provides that "the issuance of a citation shall be used whenever feasible."

Riot and unlawful assembly (sections 61-6-1 and 61-6-6). Under section 61-6-1, officers may command an unlawful assembly to disperse, and a person present who is required to give assistance and departs or fails to obey "shall be deemed a rioter." Section 61-6-6 sets the penalties: a rioter who pulls down or destroys a dwelling, courthouse, jail, prison, asylum, hospital, school or college building or any public building commits a felony punishable by 1 to 10 years. Otherwise "every rioter, and every person unlawfully or tumultuously assembled, shall be guilty of a misdemeanor," punishable by up to 1 year in jail and a fine of up to $500.

Riot-area orders and curfews (section 61-6-1a). During a riot, officers may cordon off areas, restrict the sale and transport of firearms and alcohol, and impose curfews. Willfully failing to obey a lawful order given under the section is a misdemeanor punishable by a fine of up to $500, up to 6 months in the county jail, or both.

Conspiracy to injure or damage property (section 61-6-7). This is a misdemeanor punishable by a fine of $50 to $500 and, at the court's discretion, 1 to 12 months in jail. It becomes a felony, 1 to 10 years, when injury or property destruction results.

Disturbing religious worship (section 61-6-13). A person who "willfully interrupts, obstructs, or substantially disturbs any assembly of people meeting for religious worship" commits a misdemeanor punishable by up to 1 year in jail and a fine of $250 to $1,000 "for each violation." Subsection (b) states that the section does not prohibit "peaceful picketing, protest, or other expressive conduct protected by the First Amendment" that does not willfully interrupt, obstruct or substantially disturb the worship. This version took effect June 12, 2026 (see recent changes below).

Disturbing schools and other assemblies (section 61-6-14). Willfully interrupting, molesting or disturbing a school, a society or meeting, or a gathering such as a Fourth of July celebration or church festival is a misdemeanor with a fine of $10 to $50 and, at the court's discretion, up to 30 days in jail in addition.

Loitering on school property (section 61-6-14a). A person who is not a student in regular attendance may not loiter in or about a school or its grounds in violation of posted rules without the principal's written permission. A first offense carries a fine of up to $100, up to 30 days in the county jail, or both; a second or later conviction carries a fine of up to $500, up to 1 year, or both.

Camping on governmental grounds (section 61-6-18). Placing or using shelter on the grounds next to the Capitol or a state office building in the Capitol complex, a county courthouse or a municipal office building without written permission is a misdemeanor with a fine of $25 to $100 or up to 30 days in jail. Each day a violation continues is a separate offense.

Disrupting governmental processes (section 61-6-19(a)). Willfully interrupting or molesting the orderly and peaceful process of any part of state government or its political subdivisions is a misdemeanor with a fine of up to $100, up to 6 months in jail, or both. The subsection states that "any assembly in a peaceable, lawful, and orderly manner for a redress of grievances is not a violation of this section."

State Capitol Complex (section 61-6-19(b)). It is a misdemeanor at the State Capitol Complex to bring a deadly weapon (a person who may lawfully possess a firearm may keep it in a locked vehicle, out of normal view), to willfully deface its trees, buildings, monuments or artwork, or to willfully block or obstruct a public access, stair or elevator after a law-enforcement officer asks the person to desist. The penalty is a fine of not less than $100, up to 6 months in jail, or both.

False reports and threats (sections 61-6-17, 61-6-20 and 61-6-24). Knowingly giving false information about the presence of a bomb or other explosive device is a felony punishable by a fine of $100 to $2,000, 1 to 3 years, or both; if the violation results in another person suffering serious bodily injury, the penalty is 1 to 5 years, a fine of up to $10,000, or both (section 61-6-17). Knowingly making a false report or warning of a fire, explosion, crime or other emergency where severe public alarm or inconvenience is likely to result or emergency apparatus might be summoned, falsely reporting an offense to law enforcement, or summoning emergency vehicles without just cause is a misdemeanor punishable by up to $500, up to 6 months, or both; a second or later violation, or one that results in bodily injury to another person, is a felony punishable by $5,000 to $10,000, 1 to 5 years, or both (section 61-6-20(b) to (d)). Intentionally communicating a threat to commit a crime of violence that causes severe public alarm or inconvenience, or recklessly disregards that risk, is a felony punishable by $2,500 to $10,000, 1 to 10 years, or both (section 61-6-20(e), (f)). Knowingly and willfully threatening a terrorist act, or conveying false information about one, is a felony punishable by $5,000 to $25,000, 1 to 3 years, or both; using a hoax substance or device with the specific intent to commit a terrorist act carries $10,000 to $50,000, 1 to 5 years, or both (section 61-6-24).

Masks (section 61-6-22). Wearing a mask, hood or device that conceals identity on public ways, in public lobbies and concourses, on government grounds or in government buildings, while asking or demanding entry to another person's premises, or at a meeting on another's private property without written permission is a misdemeanor with a fine of up to $500, up to 1 year in the county jail, or both; the section lists exceptions such as persons under 16 and traditional holiday costumes.

Funeral demonstrations (section 61-8-15). No person may carry out a demonstration within 500 feet of a cemetery or building where a funeral or memorial service is held, from 60 minutes before to 60 minutes after the service, that includes someone willfully making noise or a diversion that "disturbs or tends to disturb the peace or good order" of the service. A violation is a misdemeanor punishable by up to 1 year in jail and a fine of $200 to $500.

Criminal trespass in West Virginia: Article 3B

West Virginia trespass has no first, second or third degrees. Article 3B splits the offense by object: section 61-3B-2 covers structures and conveyances, and section 61-3B-3 covers all other property. Separate sections cover student residence halls, state government property, coal mines and animal or crop facilities.

Section 61-3B-1(8) defines trespass as "the willful unauthorized entry upon, in or under the property of another." The definition excludes several kinds of entry, including entry by the state, entry under utility or easement rights, and surveying or line-fence work. It also provides:

"(C) Permissive entry, whether written or oral, and entry from a public road by the established private ways to reach a residence for the purpose of seeking permission shall not be trespass unless signs are posted prohibiting such entry." (W. Va. Code 61-3B-1(8)(C))

A "structure" is any roofed building, temporary or permanent, "together with the curtilage thereof," and a "conveyance" includes motor vehicles, vessels, railroad cars and engines, trailers, aircraft and sleeping cars (section 61-3B-1(1), (2)).

Being told to leave

Both core offenses reach a person who stays after being told to go:

• Buildings and vehicles: a person who was "authorized, licensed, or invited" commits trespass under section 61-3B-2(a) if "requested to depart by the owner, tenant, or the agent of the owner or tenant, and refuses to do so."
• Land: under section 61-3B-3(a), notice can be "given by actual communication to such person." A trespasser who "defies an order to leave, personally communicated to him or her by the owner, tenant, or agent" faces the higher penalty in section 61-3B-3(e).
• Student residence halls: section 61-3B-4 makes it unlawful to remain in a residence hall or student facility after being asked to leave by the officials the section lists.

Posting, fencing and purple paint

For land, section 61-3B-3(a) requires notice "by actual communication to such person or by posting, fencing, or cultivation." Section 61-3B-1 defines each method:

• Signs: posted land includes land with no trespassing signs not more than 500 feet apart along and at each corner of the boundary, with letters at least 2 inches high, and signs at all roads, driveways and gates of entry.
• Purple paint: boundaries may instead be marked with "one vertical line no less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface," on "immovable, permanent objects that are no more than one hundred feet apart and readily visible to any person approaching the property." Even then, "Signs shall also be posted at all roads, driveways or gates of entry onto the posted land so as to be clearly noticeable from outside the boundary line" (section 61-3B-1(4)(B)).
• Fencing: a fence "of substantial construction" that stands at least three feet high (section 61-3B-1(6)).
• Cultivation: land cleared and planted with a crop, orchard, grove, pasture or trees, or fallow in rotation (section 61-3B-1(5)).

Land that is posted, cultivated or fenced is "considered as enclosed and posted" for the article (section 61-3B-1(7)). Under section 61-3B-1(4)(C), no posting is necessary for "any enclosed land or place not exceeding five acres in area on which there is a dwelling house or property that by its nature and use is obviously private."

Penalties for ordinary trespass

Structures and conveyances (section 61-3B-2). Knowingly entering without authorization, or refusing to depart on request, is a misdemeanor with a fine of up to $100. Knowingly and willfully entering a structure clearly posted as condemned by a city or county as unfit for human habitation or use is a misdemeanor with a fine of up to $100, up to 6 months in jail, or both (section 61-3B-2(b)). A trespasser "armed with a firearm or other dangerous weapon" with "the intent to do bodily injury to a human being" in the structure or conveyance is still guilty of a misdemeanor, punishable by a fine of $100 to $1,000, up to 1 year in jail, or both (section 61-3B-2(c)).

Land (section 61-3B-3). Trespass on noticed land is punished by a fine ladder based on the number of trespassing convictions:

• First conviction: a fine of $100 to $500.
• Second conviction: a fine of $500 to $1,000.
• Third and later convictions: a fine of $1,000 to $1,500.

Under section 61-3B-3(e), defying a personally communicated order to leave, opening a door, fence or gate and thereby exposing animals, crops or other property "to waste, destruction, or freedom," or causing any damage to property is a misdemeanor punishable by a fine of $100 to $500, up to 6 months in jail, or both. Armed trespass on land with "the unlawful and felonious intent to do bodily injury to a human being" is a misdemeanor with up to 6 months in jail, a fine of $100 to $1,000, or both (section 61-3B-3(f)). Subsection (g) states that nothing in the section prevents "lawful assembly and petition for the lawful redress of grievances."

Damages and deferred judgment (section 61-3B-8). A person who damages property in the course of a willful trespass is liable to the owner for twice the damage, including the cost of cleanup. For a misdemeanor under Article 3B, a court may defer entry of judgment for up to six months and dismiss the charge if those damages are paid within that time.

Special trespass offenses and the felony forms

• Student residence halls (section 61-3B-4). Remaining in a residence hall or student facility after being asked to leave is a misdemeanor with a fine of $15; a second or later conviction for a violation within one year after a previous violation for similar conduct carries a fine of up to $100.
• State government property (section 61-3B-5). Knowingly and willfully violating a court administrative order, a rule of the secretary of administration or a legislative rule on access to government buildings is a misdemeanor; subsection (a) reads, as codified, "confined for not more than thirty days or fined more than $500, or both." A higher misdemeanor penalty applies when the person intends to commit a misdemeanor, and acting "with the intent to commit a crime which constitutes a felony" is a felony punishable by 1 to 5 years, a fine of up to $5,000, or both (section 61-3B-5(c)).
• Underground coal mines (section 61-3B-6(a)). Willfully entering an underground coal mine, "whether active workings, inactive workings, or abandoned workings, without permission," is a felony punishable by 1 to 10 years and a fine of $5,000 to $10,000. For inactive or abandoned workings, the mine must be sealed or carry a sign near the entrance giving notice that unauthorized entry is a felony. Willfully entering a surface coal mine without permission with intent to commit a felony or any larceny is a misdemeanor punishable by 1 week to 1 month in jail and a fine of $1,000 to $5,000; a second conviction is a felony punishable by 1 to 5 years and $5,000 to $10,000, and a third or later by 5 to 10 years and $10,000 to $25,000 (section 61-3B-6(b)). If another person is injured during rescue efforts for the trespasser, the offense is a misdemeanor punishable by 1 week to 1 year and $1,000 to $5,000; a serious injury makes it a felony punishable by 2 to 10 years and $5,000 to $10,000, and a death a felony punishable by 3 to 15 years and $10,000 to $25,000 (section 61-3B-6(c) to (e)).
• Animal and crop facilities (section 61-3B-7). Willfully trespassing on an animal or crop facility (a broad term that includes fields, pastures, greenhouses and livestock markets) with intent to commit larceny, destroy property or disrupt operations is a misdemeanor with a fine of $500 to $1,000, up to 30 days in jail, or both. A second or later violation, or a violation of the conspiracy provision in subsection (c), is a felony punishable by a fine of $5,000 to $10,000, 1 to 5 years, or both.
• Critical infrastructure (section 61-10-34). Willfully and knowingly trespassing on or entering property containing a critical infrastructure facility without the owner's or lawful occupant's permission is a misdemeanor punishable by a fine of $250 to $1,000, 30 days to 1 year in jail, or both (section 61-10-34(c)(1)). Trespass with intent to damage or tamper with the facility's equipment or to impede its operations is a misdemeanor punishable by a fine of $100 to $1,000, up to 1 year in jail, or both. Willfully damaging or tampering with a facility's physical or digital equipment and causing more than $2,500 in damage is a separate felony under section 61-10-34(c)(2), punishable by a fine of $3,000 to $10,000, 1 to 5 years, or both; a second offense carries $10,000 to $15,000, 2 to 10 years, or both. The facility list includes refineries, power and water facilities, telecommunications, dams, airports, health care facilities and fenced or signed above-ground pipelines. Under subsection (g), the section does not apply to "the right to free speech or assembly including, but not limited to, protesting and picketing."
• Hunting on posted land (section 20-2-7). It is unlawful to shoot, hunt, fish or trap on the "fenced, enclosed or posted lands of another person" without "written permission in his or her possession from the owner, tenant or agent." Hunting, trapping or fishing on land without the owner's permission is a misdemeanor, and the person is also liable for damages. Section 20-2-8 separately makes it a misdemeanor to enter lawfully posted unenclosed land to hunt, trap or fish. Section 20-7-9 sets the penalty for both: a first offense carries a fine of $100 to $500, 10 to 100 days in jail, or both; a second, $500 to $1,000, 10 to 100 days, or both; a third or later, $1,000 to $1,500, 10 to 100 days, or both. Under section 20-2-38, any Chapter 20 violation by a licence holder is sufficient cause for the director to refuse or revoke a licence.
• Railroads (section 61-3-43). A person who is not a passenger or employee and is found jumping on or off a moving railroad car or train, or driving a vehicle on a railroad track or bridge except at crossings, "shall be deemed a disorderly person" and is guilty of a misdemeanor with a fine of up to $25, up to 30 days in the county jail, or both.

Burglary is a separate, more serious crime: entering a dwelling house of another or an adjoining outbuilding "with the intent to commit a violation of the criminal laws of this state" is a felony punishable by 1 to 15 years (section 61-3-11(a)).

Squatting

Under the Stop Squatters Act, "Squatting is synonymous with trespass, and is a criminal act under §61-3B-2 or §61-3B-3 of this Code," and squatters "are not considered tenants" (section 55-3C-2(b), (c)). Two squatting-related offenses took effect July 10, 2025. Under section 55-3C-4, a person who unlawfully occupies a residential dwelling or commercial building and causes damage of less than $1,000 commits a misdemeanor punishable by up to 1 year in jail, a fine of up to $2,500, or both, and damage "in an amount more than $1,000" is a felony punishable by 1 to 10 years in the penitentiary or, at the court's discretion, up to 1 year in jail and a fine of up to $2,500. Under section 55-3C-6, knowingly listing or advertising residential real property or a commercial building "for sale or renting without legal title or authority" is a felony carrying the same range. The removal procedure for owners is covered on our West Virginia squatters' rights page.

Questions about using force against a trespasser or intruder belong to self-defense law; see West Virginia self-defense laws.

West Virginia disorderly conduct and trespass penalties at a glance

Each penalty above is stated in the offense's own section, except the hunting-trespass penalties, which section 20-7-9 sets. For how West Virginia classifies and sentences misdemeanors and felonies generally, see West Virginia felony and misdemeanor classes.

Recent changes

• 2024, Senate Bill 164 (effective June 7, 2024). Amended sections 61-3B-2, 61-3B-3, 61-3B-6 and 61-3B-7 and added section 61-3B-8. Its title describes "clarifying protected activities relating to trespass on property other than a structure or conveyance; making double damages applicable to all violations of the article including cleanup costs; authorizing courts presiding in cases for misdemeanor violations of the article to defer entry of judgment and dismiss the charges if payment of ordered damages is made within six months after conviction."
• 2024, House Bill 4940 (effective June 4, 2024). Created the first sections of the Stop Squatters Act, sections 55-3C-1 and 55-3C-2.
• 2024, House Bill 5091 (effective June 5, 2024) and 2025, House Bill 3504 (effective July 10, 2025). Both amended the Critical Infrastructure Protection Act, section 61-10-34.
• 2025, House Bill 2434 (effective July 10, 2025). Amended section 55-3C-2 and added sections 55-3C-3 to 55-3C-6, including the law-enforcement removal procedure, the squatting damage offenses and the felony for listing property without authority.
• 2026, Senate Bill 1026 (effective June 12, 2026). Amended section 61-6-13 on disturbing religious worship. Its title describes "increasing the criminal penalties and fines for disturbing religious worship; clarifying that this section does not prohibit conduct protected by the First Amendment; and removing antiquated language." The current penalty is up to 1 year in jail and a fine of $250 to $1,000 for each violation.
• 2026, House Bill 4996 (effective June 12, 2026). Amended section 61-6-20 on false emergency reports and threats of a crime of violence; its short title is "Relating to bail in cases involving terroristic threats to schools or children."

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

Related West Virginia laws

• Disorderly conduct and trespass laws by state
• West Virginia noise ordinance laws
• West Virginia felony and misdemeanor classes
• West Virginia squatters' rights
• West Virginia self-defense laws
• West Virginia expungement laws
• How to charge someone with trespassing

This article provides general legal information about West Virginia's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in West Virginia.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in West Virginia?

Under W. Va. Code 61-6-1b, a person commits disorderly conduct by disturbing the peace of others, in a public place or another listed place, through violent, profane, indecent or boisterous conduct or language, or unreasonably loud noise intended to cause annoyance or alarm, and then persisting after a law-enforcement officer asks them to desist.

Is disorderly conduct a misdemeanor in West Virginia?

Yes. Section 61-6-1b makes it a misdemeanor punishable by confinement in jail for 24 hours or a fine of not more than $100. The section has no felony form and no repeat-offender escalation.

Can you get disorderly conduct for swearing in West Virginia?

Profane language is one of the listed ways to disturb the peace, but section 61-6-1b also requires that the conduct happen in a listed place, disturb the peace of others, and continue after a law-enforcement officer requests that it stop.

Is public intoxication a crime in West Virginia?

Yes. Section 60-6-9 bars appearing in a public place in an intoxicated condition. A first offense carries a fine of $5 to $100, and later offenses add jail or alcoholism counseling. A person charged under that subdivision who is an alcoholic is found not guilty by reason of addiction under section 60-6-9(f).

Is trespassing a felony in West Virginia?

Ordinary trespass under sections 61-3B-2 and 61-3B-3 is a misdemeanor, even when the trespasser is armed. Felony forms include entering an underground coal mine without permission, a second or later surface-mine conviction, a serious injury or death during a mine rescue, a second or later animal or crop facility violation, violating state-property access rules with intent to commit a felony, and the 2025 squatting felonies. Willfully damaging or tampering with critical infrastructure equipment and causing more than $2,500 in damage is a separate felony under section 61-10-34(c)(2).

Does West Virginia have a purple paint law?

Yes. Section 61-3B-1(4)(B) counts purple vertical lines at least 8 inches long and 2 inches wide, with the bottom of the mark 3 to 6 feet above the ground or normal water surface, on permanent objects no more than 100 feet apart. Signs must also be posted at all roads, driveways or gates of entry.

Do I need a No Trespassing sign in West Virginia?

For land, notice can come from actual communication, posting, fencing or cultivation (section 61-3B-3(a)). Under section 61-3B-1(4)(C), enclosed land of 5 acres or less with a dwelling on it, or property obviously private by its nature and use, needs no posting.

What happens if a store tells you to leave in West Virginia?

A person who was authorized or invited into a structure and refuses to depart when the owner, tenant or their agent asks commits trespass under section 61-3B-2(a), a misdemeanor with a fine of up to $100.

Is squatting a crime in West Virginia?

Yes. Section 55-3C-2(b) says squatting is synonymous with trespass and is a criminal act under section 61-3B-2 or 61-3B-3. Since July 10, 2025, section 55-3C-4 adds a misdemeanor for squatting damage under $1,000 and a felony for damage of more than $1,000.