2009 West Virginia Code
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-27 Same -- Penalties; separate offenses; jurisdiction; persons observing Saturday as Sabbath.

§61-10-27. Same -- Penalties; separate offenses; jurisdiction; persons observing Saturday as Sabbath.
Any person violating the provisions of section twenty-five of this article shall, for the first offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars. Any person violating the provisions of section twenty-five of this article shall, for the second offense occurring within one year of the first offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred and fifty dollars nor more than five hundred dollars and, in the discretion of the court, may be confined in jail for a period not exceeding thirty days. Any person violating the provisions of section twenty-five of this article shall, for the third or any subsequent offense occurring within two years of the previous offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred nor more than one thousand dollars and, in the discretion of the court, may be confined in jail for a period not exceeding six months.

Each Sunday a person is engaged in work, labor or business or employs others to be so engaged, in violation of section twenty-five of this article, shall constitute a separate offense.

Justices of the peace shall have concurrent jurisdiction with circuit and criminal courts of any such offense or offenses.

The penalties imposed by this section shall not be incurred by any person who conscientiously believes that Saturday ought to be observed as a Sabbath, and actually refrains from all secular business and labor on that day, provided he does not compel an apprentice or servant or employee, not of his belief, to do secular work or business on a Sunday.