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Ex. DUT-WV-010 Standing duty Primary source read

W. Va. Code § 61-5-17

Obstructing officer; fleeing from officer; making false statements to officer; interfering with emergency communications; penalties; definitions

West Virginia Legislature (codified statute) · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 61-5-17(a)
Issued
2020-03-30 Mar. 30, 2020
Effective
In force throughout 2020 Q2 to 2021 Q3 (read as 2020-03-30)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 30, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Travel and quarantineStanding duty
Addressees
  • persons generally
Character
order penalty
Collection
Standing duties: West Virginia DUT-WV

Operative words

(a) A person who by threats, menaces, acts, or otherwise forcibly or illegally hinders, or obstructs or attempts to hinder or obstruct a law-enforcement officer... acting in his or her official capacity is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined in jail not more than one year, or both fined and confined.

Penalty

Misdemeanor; fine of $50 to $500 or confinement in jail up to one year, or both

What it required

Non-obstruction of officers enforcing the executive orders; EO 14-20 para. 4 provided that any individual who 'fails to comply with the terms of this Order and in any way illegally hinders or obstructs... any law-enforcement officer... to enforce the terms of this Order, such individual shall be guilty of a misdemeanor... pursuant to Chapter 61, Article 5, Section 17 of the West Virginia Code' (Ex. WV-012).

Retrieval note

The penalty the Governor chose to recite in the traveler-isolation order (Ex. WV-012); the same statute backs the State Police enforcement directed by the hotspot orders (Exs. WV-017 to WV-021).