Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
CHAPTER 61. CRIMES AND THEIR
PUNISHMENT
ARTICLE 8. CRIMES AGAINST
CHASTITY, MORALITY AND DECENCY
§61-8-12. Incest; penalty.
(a) For the purposes of this section:
(1) "Aunt" means the sister of a person's
mother or father;
(2) "Brother" means the son of a person's
mother or father;
(3) "Daughter" means a person's natural
daughter, adoptive daughter or the daughter of a person's husband or wife;
(4) "Father" means a person's natural father,
adoptive father or the husband of a person's mother;
(5) "Granddaughter" means the daughter of a
person's son or daughter;
(6) "Grandfather" means the father of a
person's father or mother;
(7) "Grandmother" means the mother of a
person's father or mother;
(8) "Grandson" means the son of a person's
son or daughter;
(9) "Mother" means a person's natural mother,
adoptive mother or the wife of a person's father;
(10) "Niece" means the daughter of a person's
brother or sister;
(11) "Nephew" means the son of a person's
brother or sister;
(12) "Sexual intercourse" means any act between
persons involving penetration, however slight, of the female sex organ by the
male sex organ or involving
contact between the sex organs of one person and the mouth or anus of
another person;
(13) "Sexual intrusion" means any act between
persons involving penetration, however slight, of the female sex organ or of
the anus of any person by an
object for the purpose of degrading or humiliating the person so
penetrated or for gratifying the sexual desire of either party;
(14) "Sister" means the daughter of a person's
father or mother;
(15) "Son" means a person's natural son,
adoptive son or the son of a person's husband or wife; and
(16) "Uncle" means the brother of a person's
father or mother.
(b) A person is guilty of incest when such person
engages in sexual intercourse or sexual intrusion with his or her father,
mother, brother, sister, daughter, son,
grandfather, grandmother, grandson, granddaughter, nephew, niece, uncle
or aunt.
(c) Any person who violates the provisions of this
section shall be guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not
less than five years nor more than fifteen years, or fined not less
than five hundred dollars nor more than five thousand dollars and imprisoned in
the
penitentiary not less than five years nor more than fifteen years.
(d) In addition to any penalty provided under this
section and any restitution which may be ordered by the court under article
eleven-a of this chapter, the
court may order any person convicted under the provisions of this
section where the victim is a minor to pay all or any portion of the cost of
medical,
psychological or psychiatric treatment of the victim, the need for
which results from the act or acts for which the person is convicted, whether
or not the victim
is considered to have sustained bodily injury.
(e) In any case where a person is convicted of an
offense described herein against a child and further has or may have custodial,
visitation or other parental
rights to the child, the court shall find that the person is an abusing
parent within the meaning of article six, chapter forty-nine of this code, and
shall take such
further action in accord with the provisions of said article.
CHAPTER 61. CRIMES AND THEIR
PUNISHMENT
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-1. Definition of
terms.
In this article, unless a different meaning plainly is required:
(1) "Forcible compulsion" means:
(a) Physical force that overcomes such earnest resistance
as might reasonably be expected under the circumstances; or
(b) Threat or intimidation, expressed or implied,
placing a person in fear of immediate death or bodily injury to himself or
herself or another person or in fear
that he or she or another person will be kidnapped; or
(c) Fear by a person under sixteen years of age caused
by intimidation, expressed or implied, by another person who is at least four
years older than the
victim.
For the purposes of this definition "resistance" includes physical
resistance or any clear communication of the victim's lack of consent.
(2) "Married," for the purposes of this
article in addition to its legal meaning, includes persons living together as
husband and wife regardless of the legal status
of their relationship.
(3) "Mentally defective" means that a person
suffers from a mental disease or defect which renders that person incapable of
appraising the nature of his or her
conduct.
(4) "Mentally incapacitated" means that a
person is rendered temporarily incapable of appraising or controlling his or
her conduct as a result of the influence of a controlled or intoxicating
substance administered to that person without his or her consent or as a result
of any other act committed upon that person without his or her consent.
(5) "Physically helpless" means that a person
is unconscious or for any reason is physically unable to communicate
unwillingness to an act.
(6) "Sexual contact" means any intentional
touching, either directly or through clothing, of the anus or any part of the
sex organs of another person, or the
breasts of a female or intentional touching of any part of another
person's body by the actor's sex organs, where the victim is not married to the
actor and the
touching is done for the purpose of gratifying the sexual desire of
either party.
(7) "Sexual intercourse" means any act
between persons involving penetration, however slight, of the female sex organ
by the male sex organ or involving contact between the sex organs of one person
and the mouth or anus of another person.
(8) "Sexual intrusion" means any act between
persons involving penetration, however slight, of the female sex organ or of
the anus of any person by an object
for the purpose of degrading or humiliating the person so penetrated or
for gratifying the sexual desire of either party.
(9) "Bodily injury" means substantial
physical pain, illness or any impairment of physical condition.
(10) "Serious bodily injury" means bodily
injury which creates a substantial risk of death, which causes serious or
prolonged disfigurement, prolonged
impairment of health or prolonged loss or impairment of the function of
any bodily organ.
(11) "Deadly weapon" means any instrument,
device or thing capable of inflicting death or serious bodily injury, and
designed or specially adapted for use as a weapon, or possessed, carried or
used as a weapon.
(12) "Forensic medical examination" means an
examination provided to a possible victim of a violation of the provisions of
this article by medical personnel qualified to gather evidence of the violation
in a manner suitable for use in a court of law, to include: An examination for
physical trauma; a determination of
penetration or force; a patient interview; and the collection and
evaluation of other evidence that is potentially relevant to the determination
that a violation of
the provisions of this article occurred and to the determination of the
identity of the assailant.
§61-8B-2. Lack of consent.
(a) Whether or not specifically stated, it is an
element of every offense defined in this article that the sexual act was
committed without the consent of the
victim.
(b) Lack of consent results from:
(1) Forcible compulsion; or
(2) Incapacity to consent; or
(3) If the offense charged is sexual abuse, any
circumstances in addition to the forcible compulsion or incapacity to consent
in which the victim does not
expressly or impliedly acquiesce in the actor's conduct.
(c) A person is deemed incapable of consent when such
person is:
(1) Less than sixteen years old; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless.
§61-8B-3. Sexual assault in
the first degree.
(a) A person is guilty of sexual assault in the first
degree when:
(1) The person engages in sexual intercourse or sexual
intrusion with another person and, in so doing:
(i) Inflicts serious bodily injury upon anyone; or
(ii) Employs a deadly weapon in the commission of the
act; or
(2) The person, being fourteen years old or more,
engages in sexual intercourse or sexual intrusion with another person who is
eleven years old or less and is not married to that person.
(b) Any person violating the provisions of this section
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility not less than fifteen nor more than thirty-five
years, or fined not less than one thousand dollars nor more than ten thousand
dollars and imprisoned in a state correctional facility not less than fifteen nor
more than thirty-five years.
§61-8B-4. Sexual assault in
the second degree.
(a) A person is guilty of sexual assault in the second
degree when:
(1) Such person engages in sexual intercourse or sexual
intrusion with another person without the person's consent, and the lack of
consent results from
forcible compulsion; or
(2) Such person engages in sexual intercourse or sexual
intrusion with another person who is physically helpless.
(b) Any person who violates the provisions of this
section shall be guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than ten nor more than twenty-five
years, or fined not less than one thousand dollars nor more than ten thousand dollars
and imprisoned in the penitentiary not less than ten nor more than twenty-five
years
§61-8B-5. Sexual assault in
the third degree.
(a) A person is guilty of sexual assault in the third
degree when:
(1) The person engages in sexual intercourse or sexual
intrusion with another person who is mentally defective or mentally
incapacitated; or
(2) The person, being sixteen years old or more,
engages in sexual intercourse or sexual intrusion with another person who is
less than sixteen years old and
who is at least four years younger than the defendant and is not married to the defendant.
(b) Any person violating the provisions of this section
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility not
less than one year nor more than five years, or fined not more than ten
thousand dollars and imprisoned in a state correctional facility not less than
one year
nor more than five years.
§61-8B-7. Sexual abuse in the first degree.
(a) A person is guilty of sexual abuse in the first
degree when:
(1) Such person subjects another person to sexual
contact without their consent, and the lack of consent results from forcible
compulsion; or
(2) Such person subjects another person to sexual
contact who is physically helpless; or
(3) Such person, being fourteen years old or more,
subjects another person to sexual contact who is eleven years old or less.
(b) Any person who violates the provisions of this
section shall be guilty of a felony, and, upon conviction thereof, shall be
imprisoned in the penitentiary not
less than one year nor more than five years, or fined not more than ten thousand dollars and imprisoned in the penitentiary not less than one year nor more
than five years.
§61-8B-8. Sexual abuse in
the second degree.
(a) A person is guilty of sexual abuse in the second
degree when such person subjects another person to sexual contact who is
mentally defective or mentally
incapacitated.
(b) Any person who violates the provisions of this
section shall be guilty of a misdemeanor, and, upon conviction thereof, shall
be confined in the county jail
not more than twelve months, or fined not more than five hundred
dollars and confined in the county jail not more than twelve months.
§61-8B-9. Sexual abuse in
the third degree.
(a) A person is guilty of sexual abuse in the third
degree when he subjects another person to sexual contact without the latter's consent,
when such lack of
consent is due to the victim's incapacity to consent by reason of being
less than sixteen years old.
(b) In any prosecution under this section it is a
defense that:
(1) The defendant was less than sixteen years old; or
(2) The defendant was less than four years older than
the victim.
(c) Any person who violates the provisions of this
section shall be guilty of a misdemeanor, and, upon conviction thereof, shall
be confined in the county jail
not more than ninety days, or fined not more than five hundred dollars
and confined in the county jail not more than ninety days.
ARTICLE 8D. CHILD ABUSE
§61-8D-5. Sexual abuse by a parent, guardian or custodian; parent, guardian or custodian allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian or custodian; penalties.
(a) In addition to any other offenses set forth in this code, the
Legislature hereby declares a separate and distinct offense under this
subsection, as follows:
If any parent, guardian or custodian of a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty years, or fined not less than five hundred nor more than five thousand dollars and imprisoned in the penitentiary not less than ten years nor more than twenty years.
(b) If any parent, guardian or custodian shall
knowingly procure another person to engage in or attempt to engage in sexual
exploitation of, or sexual intercourse, sexual intrusion or sexual contact
with, a child under the care, custody or control of such parent, guardian or
custodian when such child is less than sixteen years of age, notwithstanding the
fact that the child may have willingly participated in such conduct or the fact
that the child may have suffered no apparent physical injury or mental or
emotional injury as a result of such conduct, such parent, guardian or
custodian shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than five years nor more than fifteen
years, or fined not less than one thousand nor more than ten thousand dollars
and imprisoned in the penitentiary not less than five years nor more than
fifteen years.
(c) If any parent, guardian or custodian shall
knowingly procure another person to engage in or attempt to engage in sexual
exploitation of, or sexual
intercourse, sexual intrusion or sexual contact with, a child under the
care, custody or control of such parent, guardian or custodian when such child
is sixteen
years of age or older, notwithstanding the fact that the child may have
consented to such conduct or the fact that the child may have suffered no
apparent
physical injury or mental or emotional injury as a result of such
conduct, then such parent, guardian or custodian shall be guilty of a felony
and, upon
conviction thereof, shall be imprisoned in the penitentiary not less
than one year nor
more than five years.
(d) The provisions of this section shall not apply to a
custodian whose age exceeds the age of the child by less than four years.
Criminal Statute of Limitations
Research in progress
I
have as yet to locate the statute title and number for felonies limitation.
Although, I am currently researching the statute of limitation law in West
Virginia I was told by a source in the state of WV that – there is no statute
of limitations for felonies in the state of West Virginia. – Please remember that I have no concrete
Statute Title, Code or Number to affirm this information. Please contact a Legal Proffessional for information regarding the statute of limitation laws of WV.
Revised
10/04