Violence in the Workplace Law Summaries
West Virginia, Violence in the Workplace Law Summaries
West Virginia has laws relating to computer crime and abuse, stalking, carrying concealed weapons, and use of deadly force.
DEFINITIONS
“Harasses” means willful conduct directed at a specific person or person(s) which would cause a reasonable person mental injury or emotional distress (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
“Credible threat” means a threat of bodily injury made with the apparent ability to carry out the threat and with the result that a reasonable person would believe that the threat could be carried out (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
WHAT THE EMPLOYER MUST DO
West Virginia Computer Crime and Abuse Act.- It is unlawful for any person, with the intent to harass or abuse another person, use a computer to (WVa Code, Sec. 61-3C-14a, as added by S. 97, L. 2002):
make contact with another without disclosing his or her identity with the intent to harass or abuse;
make contact with a person after being requested by the person to desist from contacting them;
threaten to commit a crime against any person or property; or
cause obscene material to be delivered or transmitted to a specific person after being asked to desist from sending such material.
It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this section (WVa Code, Sec. 61-3C-14a, as added by S. 97, L. 2002).
Any offense committed under this section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received (WVa Code, Sec. 61-3C-14a, as added by S. 97, L. 2002).
Stalking laws.- Any person who willfully and repeatedly follows and harasses a person with whom he or she has, or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney is guilty of a misdemeanor (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
Any person who willfully and repeatedly follows and makes a credible threat against a person with whom he or she has or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, or against a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney with the intent to place or placing him or her in reasonable apprehension that he or she or a member or his or her immediate family will suffer death, sexual assault, kidnaping, bodily injury or battery is guilty of a misdemeanor (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
Any person who repeatedly harasses or repeatedly makes credible threats against a person with whom he or she has, or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, or against a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney is guilty of a misdemeanor (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
The antistalking law should not be construed to prevent lawful assembly and petition for the redress of grievances, including, but not limited to: any labor dispute; demonstration at the seat of federal, state, county or municipal government; activities protected by the West Virginia Constitution or the United States Constitution or any statute of West Virginia or the United States (WVa Code, Sec. 61-2-9a, as amended by Act 83 (S. 192), L. 2001).
Carrying concealed weapons.- It is unlawful in West Virginia to carry a concealed deadly weapon without a state license or other lawful authorization. Concealed means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon is being carried (WVa Code, Secs. 61-7-2 and 61-7-3).
The licensing requirement does not apply to: any person carrying a deadly weapon on that person's own premises; carrying firearms, unloaded, from the place of purchase to one's home, residence or place of business, to a place of repair to one's home, residence or place of business; carrying a deadly weapon while hunting in a lawful manner or going to or from a hunting sight to one's home, residence or place of business; carrying an unloaded pistol to or from or for target practice at an authorized target-shooting club; law enforcement officers; employees of the state department of corrections while on duty; members of the armed forces of the United States or the state militia while on duty; any circuit judge, prosecuting attorney, assistant prosecuting attorney or duly appointed investigator appointed by a prosecuting attorney; a resident of another state who has a license to carry a concealed weapon from that state or a political subdivision of that state, provided the other state or political subdivision recognizes and honors West Virginia licenses to carry concealed weapons (WVa Code, Sec. 61-7-6).
It is unlawful to possess a deadly weapon on the premises of educational facilities, including school buses, private or public primary or secondary education buildings, structures, facilities or grounds, vocational education buildings, structures, facilities or grounds or at any school-sponsored function. It is also unlawful to possess any firearm or any other deadly weapon on any premises that house a court of law or in the offices of a family law master (WVa Code, Sec. 61-7-11a).
An owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under that person's domain (WVa Code, Sec. 61-7-14).
Use of deadly force.- A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker: Provided, That such person may use deadly force against an intruder or attacker in a place that is not his or her residence without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker (WVa Code, Sec. 55-7-22(c), as amended and reenacted by S. 145, L. 2008).
<p>Use of deadly force.— A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or res</p>
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