HB 4365
Relating to accessories to a crime
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s criminal code to clarify the definition of an ‘accessory to a crime.’ Specifically, it removes the prohibition of considering a domestic partner of a felony offender as an accessory after the fact and removes the prohibition of considering a servant of an offender as an accessory after the fact. Additionally, it specifies that an accessory to a felony who is a relative of the principal offender (brother, sister, parent, grandparent, child, or grandchild) will be guilty of a misdemeanor instead of a felony.
Key provisions
- No domestic partner of a felony offender can be considered an accessory after the fact.
- Servants of an offender are no longer prohibited from being considered accessories after the fact.
- An accessory to a felony who is a relative of the principal offender (brother, sister, parent, grandparent, child, or grandchild) is guilty of a misdemeanor.
- An accessory to a misdemeanor remains a misdemeanor offense.
- Penalties for accessory after the fact are adjusted, with imprisonment up to five years for felony accessories and up to 30 days in jail or a fine of $500 for misdemeanor accessories.
Who is affected
- Felony offenders
- Domestic partners of felony offenders
- Servants of felony offenders
- Relatives of principal felony offenders (siblings, parents, grandparents, children, grandchildren)
- Individuals accused of accessory offenses
Notable changes
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