§5-11-20. Violations of human rights; civil action by attorney general


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 11 - 20

§5-11-20. Violations of human rights; civil action by attorney

general.

(a) A person has the right to engage in lawful activities

without being subject to actual or threatened:

(1) Physical force or violence against him or her or any other

person, or

(2) Damage to, destruction of or trespass on property,

any of which is motivated by race, color, religion, sex, ancestry,

national origin, political affiliation or disability.

(b) Whenever any person, whether or not acting under the color

of law, intentionally interferes or attempts to interfere with

another person's exercise or enjoyment of rights secured by this

article or article eleven-a of this chapter, by actual or

threatened physical force or violence against that person or any

other person, or by actual or threatened damage to, destruction of

or trespass on property, the attorney general may bring a civil

action:

(1) For injunctive or other appropriate equitable relief in

order to protect the peaceable exercise or enjoyment of the rights

secured, or

(2) For civil penalties as specified in subsection (c) of this

section, or

(3) For both equitable relief and civil penalties.

This action must be brought in the name of the state and instituted

in the circuit court for the county where the alleged violator resides or has a principal place of business or where the alleged

violation occurred.

(c) A civil penalty of not more than five thousand dollars per

violation may be assessed against any person violating this

section.

(d) Each preliminary, temporary, or permanent injunction

issued under this section must include a statement describing the

penalties to be imposed for a knowing violation of the order or

injunction as provided in subsection (e) of this section. The

clerk of the circuit court shall transmit one certified copy of

each order or injunction issued under this section to the

appropriate law-enforcement agency or agencies having authority

over locations where the defendant was alleged to have committed

the act giving rise to the action, and service of the order or

injunction must be accomplished pursuant to the West Virginia rules

of civil procedure.

(e) A person who knowingly violates a preliminary, temporary

or permanent injunction issued under this section is guilty of a

misdemeanor and, upon conviction thereof, shall be fined not more

than five thousand dollars, or imprisoned in the county or regional

jail not more than one year, or both fined and imprisoned.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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