SB 864
Clarifying inference of criminal intent in burglary prosecution
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies how a prosecutor can assume a person intended to commit a crime when they break into a dwelling or outbuilding in West Virginia. Specifically, it states that if someone enters a dwelling unlawfully and it’s known they shouldn’t be there, a jury can infer they intended to commit a crime. The bill also defines ‘dwelling’ to include various types of mobile and manufactured homes. This aims to provide clearer guidance for burglary prosecutions.
Key provisions
- Defines ‘dwelling’ to include mobile homes, house trailers, and other vehicles primarily designed for human habitation.
- Establishes that a person entering a dwelling unlawfully, where they know they are prohibited from being there, can be inferred to have intended to commit a crime.
- Specifies that the inference of criminal intent applies when a person enters or remains unlawfully in a dwelling.
- Clarifies that evidence can be presented to disprove the inference of criminal intent.
Who is affected
- Criminal defendants accused of burglary
- Prosecutors involved in burglary cases
- Individuals who own or reside in dwellings
- Law enforcement agencies
- The judicial system
Notable changes
- Adds a specific inference of criminal intent when entry is known to be unauthorized.
- Expands the definition of ‘dwelling’ to include various types of residential vehicles.
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