West Virginia § 61-3-33 - 61-3-33. Entry upon inclosed lands; penalty; liability for damages.
Full text of West Virginia West Virginia Code § 61-3-33 — 61-3-33. Entry upon inclosed lands; penalty; liability for damages., with citation guidance and answers to common questions.
§ 61-3-33. 61-3-33. Entry upon inclosed lands; penalty; liability for damages.
If any person shall, without the consent of the owner or occupier thereof, enter upon the inclosed lands of another and do any damage, or shall, without such consent, pull down in whole or in part, or injure, any fence of another, or without permission open and leave open the gate or drawbar of another, or enter upon the inclosed lands of another after being forbidden so to do, or enter thereon and curse, or insult, or annoy, the owner thereof or any person rightfully there, he shall be guilty of a misdemeanor, and, upon conviction, be fined not less than five nor more than $100; and, in default of the payment of the fine, the offender may, in the discretion of the judge or justice, be committed to jail for not less than five days. He shall, moreover, be liable to the party injured for the damages sustained by such injury; and it shall be no defense to any prosecution or suit under this section, that such fence was not a lawful fence.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 61-3-33
What does West Virginia Code § 61-3-33 cover?
Section 61-3-33 ("61-3-33. Entry upon inclosed lands; penalty; liability for damages.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 61-3-33?
A common citation format is "West Virginia Code § 61-3-33" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 61-3-33 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.