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W. Va. Code § 60A-4-408

Second or subsequent offenses

Known as the Lauren’s Law

The act spans §§ 60A-4-401 to 60A-4-419 (20 sections).

Applied in 1 court decision — leading case 223 W. Va. 1 - State v. Rutherford (2008)

Most recently applied in 223 W. Va. 1 - State v. Rutherford (December 2008)

(a) Any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. When a term of imprisonment is doubled under section 406, such term of imprisonment shall not be further increased for such offense under this subsection (a), even though such term of imprisonment is for a second or subsequent offense.

(b) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.

(c) This section does not apply to offenses under section 401(c).

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.