W. Va. Code » §61-2-3. Penalty for murder of second degree.
West Virginia Code

W. Va. Code § 61-2-3 (2026)

Penalty for murder of second degree

✓ current as of May 2026
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ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-3. Penalty for murder of second degree.

Murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than 15 nor more than 60 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of 15 years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

Notes of Decisions
Cited in 32 cases (7 in the last 5 years), 1969–2026 · leading case: State of West Virginia v. Antwyn D. Gibbs & State of West Virginia v. Kevin Goodman, Jr., 797 S.E.2d 623 (W. Va. 2017).
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State of West Virginia v. Antwyn D. Gibbs & State of West Virginia v. Kevin Goodman, Jr., 797 S.E.2d 623 (W. Va. 2017). · cites it 2× “Goodman argues that, at a minimum, his case should be remanded for re-sentencing because the trial court did not make findings regarding proportionality.”
State v. Foster, 656 S.E.2d 74 (W. Va. 2007). · cites it 2× “There was sufficient evidence for the jury to determine that the appellant was present at and aided and abetted the intentional and violent killing of two persons with the use of firearms.”
State v. Buck, 314 S.E.2d 406 (W. Va. 1984). “Under his present sentence, however, he will not be eligible for parole for twenty-five years.”
State v. Smith, 482 S.E.2d 687 (W. Va. 1996). · cites it 2× “See W. Va.Code § 61-2-3 (1992 & Supp.1996) (providing the penalty for murder of the second degree).”
State v. Sutphin, 466 S.E.2d 402 (W. Va. 1995). “Sutphin’s conviction occurred prior to the effective date of the amendment to W.Va.Code 61-2-3 (1994) (passed March 12, 1994, effective ninety days from passage), which increased the penalty for murder of the second degree to a definite term of imprisonment in the West Virginia…”
Dewey Hart v. Ira M. Coiner, Warden of the West Virginia State Penitentiary, 483 F.2d 136 (4th Cir. 1973). “14 Can it be rationally urged that Hart is as dangerous to society and as deserving of punishment as the murderer, rapist, and kidnapper ? Consideration of the penalties provided for grave crimes of violence in West Virginia reveals the irrationally disparate treatment visited…”
State of West Virginia v. Justin Sean Gum, 764 S.E.2d 794 (W. Va. 2014). · cites it 2× “See W.Va.Code § 61-2-3 (2010) (imposing ten to forty year sentence as penalty for second degree murder).”
State ex rel. Hill v. Parsons, 461 S.E.2d 194 (W. Va. 1995). · cites it 3× “Pursuant to W.Va.Code § 61-2-3, Hill was sentenced to an indeterminate term of not less than five nor more than eighteen years in the penitentiary 2 and, in conformance with W.”
Moore v. Coiner, 303 F. Supp. 185 (N.D.W. Va. 1969). · cites it 2× “Because the deterrent purpose of the statute is not served, the additional penalty of five years imposed upon Petitioner by the Circuit Court of Greenbrier County in reliance upon the prior conviction in the Circuit Court of Fayette County is void.”
State v. Allen, 686 S.E.2d 226 (W. Va. 2009). · cites it 2× “Code § 61-2-2 (2005) to W. Va.Code § 61-2-3 (2005). Maintaining that she pled guilty to an attempt to commit an offense that does not carry a life sentence, Ms.”
Ravnell v. Coiner, 320 F. Supp. 1117 (N.D.W. Va. 1970). · cites it 2× “NYBELL: Your Honor, we proffer or tender a plea under Section 61-2-3 of the West Virginia Code, subsection being styled “Penalty for murder of second degree” — we proffer a plea of guilty to a charge of murder in the second degree.”
Tony T. Gerlach v. David Ballard, 756 S.E.2d 195 (W. Va. 2013). “West Virginia Code § 61-2-3 (2010) states: "Murder in the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than ten nor more than forty years.”
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