The Law on Conspiracy and its Punishments in West Virginia
Conspiracy is a crime that is punishable in all the states of the USA. Conspiracy refers to a secret plan of a person or a group of persons to do a malicious act that can possibly harm others. Conspiracies can cause serious harm when their objects are executed by the conspirators. Every single state in the USA has laws to deal with the crime of conspiracy effectively.
Definition of conspiracy to inflict injury to persons or property or death in its pursuance
The crime of conspiracy to inflict injury to persons or property is defined in Section 61-6-7 of Article 6 of the West Virginia code. According to this section, if two or more persons under names like ‘Red Men’, ‘Vigilance Committee’, or any other name or without having any formal name conspire together to inflict any kind of punishment of bodily injury on other persons with the objective of injuring, defacing, destroying, or carrying away of property, they will be guilty of conspiracy to injure persons or property.
Punishment for conspiracy to inflict injury to persons or property
A conspiracy to inflict injury to persons or property will be punishable as an act of misdemeanor. Upon conviction, the guilty will be imprisoned for a period ranging between one and twelve months, a fine between $50 and $500, or both.
In the course of the execution of the conspiracy, if the victim really suffers any kind of bodily injury or damage to the property, the defendants will be guilty of a felony. They will be imprisoned in the state penitentiary for a period between one and ten years. In case any death happens in the execution of the conspiracy, the guilty will receive punishment for first-degree murder.
Definition of conspiracy against the state in West Virginia
The crime of conspiracy is defined in Section 61-10-31 of Article 10 of the West Virginia code. According to this section, it is illegal for two or more persons:
- To commit any kind of offense against the state
- To act with an intention of defrauding the government, any board of education, or municipality.
It should be noted that a person will be guilty of conspiracy only when one or more of the persons involved should have done any act to effect the object of the conspiracy.
Punishment for conspiracy in West Virginia
Any person who violates the provisions of Section 61-10-31 will be guilty of committing a felony. He/she will be imprisoned in the penitentiary for a period between one and five years or by a fine amount not exceeding $10,000. Upon the discretion of the court, the person found guilty might be punished with both imprisonment and a fine. In some cases when the intensity of the conspiracy is low, the court might decide to punish the act as a misdemeanor. If an act of conspiracy is punishable as a misdemeanor, the guilty will be punished with confinement in the county jail for a period of one year and a fine amount not exceeding $1,000 or both.
Federal Conspiracy Law
The citizens of every single state in the USA are not just punishable under the respective state’s laws for the crime of conspiracy. He might also be found guilty under the federal conspiracy laws. Applicable federal conspiracy laws are governed by Section 371 of the US Code. According to the provisions of this section, if one person or a group of persons conspire to commit any kind of offense against the federal government of the USA, they can be punished with imprisonment for a period up to five years, a fine, or both.