W. Va. Code » §61-3-4. Attempt to commit arson; fourth degree arson; penalty.
West Virginia Code

W. Va. Code § 61-3-4 (2026)

Attempt to commit arson; fourth degree arson; penalty

✓ text as last checked July 2026 (this copy records no edition or section history)
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ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-4. Attempt to commit arson; fourth degree arson; penalty.

(a) Any person who willfully and maliciously attempts to set fire to or burn, or attempts to cause to be burned, or attempts to aid, counsel, procure, persuade, incite, entice or solicit any person to burn, any of the buildings, structures, or personal property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth 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 two years, or fined not to exceed $2,500, or both. 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.

(b) The placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building, structure or personal property mentioned in the foregoing sections, in an arrangement or preparation with intent to eventually, willfully and maliciously, set fire to or burn, or to cause to be burned, or to aid, counsel, procure, persuade, incite, entice or solicit the setting fire to or burning of any building, structure or personal property mentioned in the foregoing sections shall, for the purposes of this section, constitute an attempt to burn that building, structure or personal property.

Notes of Decisions
Cited in 2 cases, 1987–2010 · leading case: State v. Eilola, 704 S.E.2d 698 (W. Va. 2010).
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State v. Eilola, 704 S.E.2d 698 (W. Va. 2010). · cites it 4× “" [14] As previously stated, pursuant to the express provisions of the December 10, 2008, amended sentencing order, once the defendant completes his penitentiary sentences or is paroled, the defendant shall be remanded into the custody of the West Virginia Regional Jail and…”
State v. Davis, 357 S.E.2d 769 (W. Va. 1987). · cites it 3× “” Our attempted arson statute, W.Va.Code, 61-3-4, speaks of any person who “wilfully and maliciously attempts .”
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