W. Va. Code » §61-3-2. Burning, etc., of other buildings or structures; second degree arson; penalty.
West Virginia Code

W. Va. Code § 61-3-2 (2026)

Burning, etc., of other buildings or structures; second degree arson; penalty

✓ current as of May 2026
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ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-2. Burning, etc., of other buildings or structures; second degree arson; penalty.

Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any building or structure of any class or character, whether the property of himself or herself or of another, not included or prescribed in the preceding section, shall be guilty of arson in the second degree and, upon conviction thereof, be sentenced to the penitentiary for a definite term of imprisonment which is not less than one nor more than ten years. A person imprisoned pursuant to this section is not eligible for parole prior to having served a minimum of one year of his or her sentence or the minimum period required by the provisions of section thirteen, article twelve, chapter sixty-two of this code, whichever is greater.

Notes of Decisions
Cited in 2 cases, 2009–2019 · leading case: Damron v. Haines, 672 S.E.2d 271 (W. Va. 2009).
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Damron v. Haines, 672 S.E.2d 271 (W. Va. 2009). · cites it 4× “]" W.Va.Code § 61-3-2 (1997) states that, "Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any building or structure of any class or…”
State of West Virginia v. Jennifer Marie Wallace (W. Va. 2019). · cites it 3× “See W.Va. Code § 61-3-2. Under the plea agreement, the State agreed to dismiss the remaining counts of the indictment.”
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