W. Va. Code » §61-11-2. Capital punishment abolished.
West Virginia Code

W. Va. Code § 61-11-2 (2026)

Capital punishment abolished

✓ current as of May 2026
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ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

§61-11-2. Capital punishment abolished.

Capital punishment is hereby abolished for all offenses against the laws of the State of West Virginia, and no person heretofore or hereafter convicted of any offense in violation of said laws shall be executed, irrespective of whether the crime was committed, the conviction had, or the sentence imposed, before or after the enactment of this section.

Notes of Decisions
Cited in 4 cases, 1988–2009 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).
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Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “1987), penalties for murder do not include death); West Virginia ( W. Va. Code § 61-11-2 (1984), "Capital punishment abolished"); Wisconsin (1853 Wis.”
State Ex Rel. Forbes v. Caperton, 481 S.E.2d 780 (W. Va. 1996). · cites it 2× “W. Va.Code § 61-11-2 (1992). 16 . There are some exceptions to the rule that a constitutional or statutory provision must be construed literally.”
Brennan v. State, 754 So. 2d 1 (Fla. 1999). “1998)); West Virginia ( W. Va. Code §§ 61-11-2 (1997)); and Wisconsin ( see Wis.”
State v. Hutzler, 677 S.E.2d 655 (W. Va. 2009). · cites it 2× “The appellant relies on W.Va.Code § 61-11-2 (1969), which provides that When an offense is committed partly in one county and partly in one or more other counties within this State, it may be alleged that the offense was committed and the accused may be tried in any one county…”
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