West Virginia’s trespassing laws are designed to protect you and your property from harm and harassment. But, unless you’ve earned your J.D., it can be difficult to parse through all the legalese. As a private property owner, though, it’s important that you’re familiar with West Virginia trespassing laws so you can better protect your home and learn how to deter would-be trespassers before they head up your driveway.

Here to guide you through the state of West Virginia's complex trespassing laws is

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What does the West Virginia Code define as trespassing?

West Virginia Code has two full chapters devoted solely to trespassing, with specific laws pertaining to structures, conveyances, school property, government property—and even coal mines and farmland.

In general, trespassing is defined as the willful unauthorized entry upon, in, or under the property of another. It’s important to note that the legal definition of trespass excludes the following:

Entry by an officer or officers of the state

The exercise of rights in, under, or on a property by virtue of rights-of-way or easements by a public utility or other person owning such right-of-way or easement

Written or oral permissive entry

Entry from a public road by the established private ways to reach a residence for the purpose of seeking permission

Entry where no physical damage is done to property in the performance of surveying to ascertain property boundaries, and in the performance of necessary work of construction, maintenance, and repair of a common property line fence

Entry from buildings or appurtenances which are immediately adjacent to the property line and maintenance of which necessitates entry upon the adjoining owner’s property

Trespass in structure or conveyance

Subsection 3B of the West Virginia Code deals with trespass in a structure or conveyance. Here, a structure is legally defined as any building, either temporary or permanent, with a roof over it. This includes condemned buildings as well. A conveyance, on the other hand, is any motor vehicle, vessel, railroad car, trailer, aircraft, or sleeper car.

The law states that one is guilty of trespassing if one “knowingly enters in, upon, or under a structure or conveyance without being authorized, licensed, or invited, or having been authorized, licensed, or invited is requested to depart by the owner, tenant, or the agent of the owner or tenant, and refuses to do so.”

And, for trespassing, entering a conveyance includes taking apart any portion of it.

Trespass on other property

WV Code 61.3B.3 states that “it is an unlawful trespass for any person to knowingly, and without being authorized, licensed or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation.”

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Consequences of trespassing in West Virginia

In most cases, trespass in West Virginia is considered a misdemeanor, but the specific penalties depend on where you trespass and whether or not you’re a repeat offender.

For trespassing in a structure or conveyance, you could be charged a fine of up to $100. If you trespass in a condemned building, you could face up to 6 months in jail in addition to the fine, although first-time offenders may receive a penalty of community service or a mandatory education course instead.

The stakes are raised if the trespasser is armed with a firearm or other dangerous weapon with the intent to do bodily injury to another person. In that instance, the trespasser would have to pay a fine of $100 to $500, spend up to one year in jail, or both.

On all other property, if it’s your first trespassing offense, you will face a fine of $100 to $500. A second offense carries a larger fine of $500 to $1,000, while a third offense carries an even larger fine of $1,000 to $1,500.

The consequences are worse if the offender defies an order to leave from the property owner, a tenant, or an agent of the owner or the tenant, or if the offender opens any doors, fences, or gates.

Importantly, any person who damages property in the course of a willful trespass is liable to the property owner for twice the amount of the damages.

Here’s a breakdown of the basic penalties for trespassing in West Virginia:

Offense	Charge	Fine	Jail/prison time
Trespass in structure or conveyance	Misdemeanor	Up to $100
Trespass in structure or conveyance (condemned building)	Misdemeanor	Up to $100	Up to 6 months
Trespass in structure or conveyance (armed)	Misdemeanor	$100 to $500	Up to 1 year
Trespass on property other than structure or conveyance (first offense)	Misdemeanor	$100 to $500
Trespass on property other than structure or conveyance (second offense)	Misdemeanor	$500 to $1,000
Trespass on property other than structure or conveyance (third offense)	Misdemeanor	$1,000 to $1,500
Trespass on property other than structure or conveyance (and defy an order to leave)	Misdemeanor	$100 to $500	Up to 6 months
Trespass on property other than structure or conveyance (and cause damage/loss of property)	Misdemeanor	$100 to $500	Up to 6 months
Trespass on property other than structure or conveyance (armed)	Misdemeanor	Up to $100	Up to 6 months

How to protect your property against trespassing

To protect yourself against trespassing, a good first step is to put up a “No Trespassing” sign. Not only will it help deter would-be trespassers from your property, but it helps you cover your legal bases. That way, you’ve established that your land is private, “posted land.”

To make sure your sign complies with West Virginia state law, place your signs no more than 500 feet apart at each corner of your land’s boundary, at the foot of driveways, and at any gates of entry. Make sure that the letters on the sign are at least two inches high and readable.

West Virginia is also what’s known as a purple paint state, meaning that residents can use purple, painted markings to establish their property as posted land. According to state law, each purple marking must consist of a vertical line that is at least eight inches in length and two inches in width, and the bottom of the painted marking must be between three and six feet above the ground or a water surface.

Not every single piece of property needs a “No Trespassing” sign—any enclosed land or place less than five acres in area on which there is a dwelling house or property that is obviously private does not require a sign.

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FAQs

What is the punishment for trespassing in West Virginia?

In West Virginia, trespassing is considered a misdemeanor and is punishable with fines between one hundred and one thousand five hundred dollars and/or jail time, depending on the kind of property and whether or not the trespasser is a repeat offender.

When can trespassers be prosecuted?

Trespassers in West Virginia can be prosecuted within 30 days of the incident.

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