West Virginia Age of Consent Laws: Statutes, Penalties, Reporting

(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 is 16 years old or more and engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least four years younger than 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 two years nor more than 10 years, or fined not more than $20,000 and imprisoned in a state correctional facility not less than two years nor more than 10 years.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting

(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: (A) Inflicts serious bodily injury upon anyone; (ii) (B) Employs a deadly weapon in the commission of the act. (2) The person, being 14 years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than 12 years old. (b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 and imprisoned in a state correctional facility not less than 15 nor more than 35 years. (c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is 18 years of age or older and whose victim is younger than 12 years of age, shall be imprisonment in a state correctional facility for not less than 25 nor more than 100 years and a fine of not less than $5,000 nor more than $25,000.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent, when the lack of consent is due to the victim's incapacity to consent by reason of being less than 16 years old. (b) In any prosecution under this section it is a defense that: (1) The defendant was less than 16 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 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 three years, or fined not more than $1,000 and imprisoned in a state correctional facility not less than one year nor more than three years.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained

(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 or other person in a position of trust in relation to a child under his or her care, custody or control, engages 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 the 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, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than 20 nor more than 40 years, or fined not less than $1,000 nor more than $10,000 and imprisoned in a correctional facility not less than 20 years nor more than 40 years.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) The provisions of this article apply both retroactively and prospectively. (b) Any person who has been convicted of an offense or an attempted offense or has been found not guilty by reason of mental illness, mental retardation, or addiction of an offense under any of the following provisions of this code or under a statutory provision of another state, the United States Code or the Uniform Code of Military Justice which requires proof of the same essential elements shall register as set forth in §15-12-2(d) of this code and according to the internal management rules promulgated by the superintendent under authority of §15-2-25 of this code: (1) §61-8A-1 et seq. of this code; (2) §61-8B-1 et seq. of this code; (3) The provisions of former §61-8B-6 of this code, relating to the offense of sexual assault of a spouse, which was repealed by an act of the Legislature during the 2000 legislative session; (4) §61-8C-1 et seq.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Sexting Laws: Legal Consequences and Penalties

(a) A person required to register under the terms of this article shall continue to comply with this section, except during ensuing periods of incarceration or confinement, until: (1) Ten years have elapsed since the person was released from prison, jail, or a mental health facility or 10 years have elapsed since the person was placed on probation, parole, or supervised or conditional release. The 10-year registration period may not be reduced by the sex offender’s release from probation, parole, or supervised or conditional release; or (2) For the life of that person, if that person: (A) Has one or more prior convictions or has previously been found not guilty by reason of mental illness, mental retardation, or addiction for any qualifying offense referred to in this article; (B) has been convicted or has been found not guilty by reason of mental illness, mental retardation, or addiction of a qualifying offense as referred to in this article, and upon motion of the prosecuting attorney, the court finds by clear and convincing evidence that the qualifying offense involved multiple victims or multiple violations of the qualifying offense; (C) has been convicted or has been…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any person who knowingly and willfully traffics an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than three years nor more than 15 years. (b) Any person who knowingly and willfully traffics a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than five years nor more than 20 years. (c) Any person who knowingly and willfully smuggles an adult, or who knowingly and willfully aids, assists, or abets in any manner in the smuggling of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for an indeterminate sentence of not less than two years nor more than 10 years.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any person over the age of 18, who knowingly uses a computer to solicit, entice, seduce, or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer in order to engage in any illegal act proscribed by the provisions of §61-8-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., or §61-8D-1 et seq. of this code, or any felony offense under §60A-4-401 of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both fined and imprisoned.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(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…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any person over the age of 18, who by means other than those prohibited by §61-3C-14b of this code, who knowingly solicits, entices, seduces, or lures, or attempts to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person, or a person he or she believes to be such a minor in order to engage in any illegal act proscribed by the provisions of §61-8-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., or §61-8D-1 et seq. of this code, or any felony offense under §60A-4-401 of this code is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both fined and imprisoned.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Whoever shall by any means keep, hold, detain or restrain any person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly, keep, hold, detain or restrain, or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any person by any means, for the purpose of compelling such person, directly or indirectly, to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such person shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than $100 nor more than $500, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one nor more than three years: Provided, That in any offense under this section where the person so kept, held, detained or restrained is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction, shall be…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any adult, with knowledge of the character of the matter, who knowingly and intentionally distributes, offers to distribute, or displays to a minor any obscene matter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or confined in a state correctional facility for not more than five years, or both. (b) It is a defense to a prosecution under the provisions of this section that the obscene matter: (1) Was displayed in an area from which minors are physically excluded and the matter so located cannot be viewed by a minor from nonrestricted areas; or (2) Was covered by a device, commonly known as a “blinder rack,” such that the lower two thirds of the cover of the material is not exposed to view; or (3) Was enclosed in an opaque wrapper such that the lower two thirds of the cover of the material was not exposed to view; or (4) Was displayed or distributed after taking reasonable steps to receive, obtain or check an adult identification card, such as a driver's license or other technically or reasonably feasible means of verification of age.

Official text (excerpt) · last checked 2026-09-15 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Pornography Laws (2026): Age Verification Rules

In this article, unless a different meaning plainly is required: (1) "Forcible compulsion" means: (A) Physical force that overcomes such earnest resistance that is reasonably expected under the circumstances; (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 16 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) "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.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any teacher, principal, counselor, coach, other employee, volunteer, or school resource officer of any private or public elementary or secondary school who engages in sexual intercourse, sexual intrusion, or sexual contact, as those terms are defined in §61-8B-1 of this code, with any student enrolled in any private or public elementary or secondary school regardless of the age of the student is guilty of a felony and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years or fined not more than $5,000 or both imprisoned and fined. The fact that the student may have consented to the act or that the act did not occur on school property or during a school function is not a defense.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(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; (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; (2) Mentally defective; (3) Mentally incapacitated; (4) Physically helpless; or (5) Subject to incarceration, confinement or supervision by a state, county, or local government entity, when the actor is a person prohibited from having sexual intercourse or causing sexual intrusion or sexual contact pursuant to §61-8B-10 of this code.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(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 $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) As used in this section: "Adult" means a person 18 years of age or older. “Consideration” includes, but is not limited to, sexual contact, sexual intercourse, and sexual intrusion as those terms are defined in §61-8B-1, and private images as that term is defined in this subsection. "Disclose" means to exhibit, transfer, publish, distribute, deliver, circulate, or disseminate by any means, including, but not limited to, electronic transmission. "Image" means a photograph, video, videotape, live transmission, digital or computer-generated visual depiction, or any recording or product of any mechanical or electronic recording process or device that can preserve, for later viewing, an image. "Minor" means any person under 18 years of age at the time of the alleged offense. "Private image" means an image depicting sexually explicit nudity or sexual activity including, but not limited to, an image that includes a person’s genitalia, pubic area, anus, or female post-pubescent breasts.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(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 younger than twelve years old. (b) Any person who violates the provisions of this section shall be 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 $10,000 and imprisoned in a state correctional facility not less than one year nor more than five years. (c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is eighteen years of age or older and whose victim is younger than twelve years of age, shall be imprisonment for not less than five nor more than twenty-five years and fined not less than $1,000 nor more than $5,000.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Notwithstanding the provisions of section one-a, article eleven-a, section four, article eleven-b and section two, article twelve of chapter sixty-two of this code, a person shall not be eligible for probation, home incarceration or an alternative sentence provided under this code if they are convicted of an offense under section three, four, five, seven, eight or nine, article eight-b, chapter sixty-one of this code, are eighteen years of age or older, the victim is younger than twelve years of age and the finder of fact determines that one of the following aggravating circumstances exists: (1) The person employed forcible compulsion in commission of the offense; (2) The offense constituted, resulted from or involved a predatory act as defined in subsection (m), section two, article twelve, chapter fifteen of this code; (3) The person was armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon and used or threatened to use the weapon or article to cause the victim to submit; or (4) The person removed the victim from one place to another and did not release the victim in a safe place.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Notwithstanding any provision of this article to the contrary, any person who has been convicted of a sexually violent offense, as defined in section two, article twelve, chapter fifteen of this code, against a victim under the age of twelve years old and thereafter commits and thereafter is convicted of one of the following offenses shall be subject to the following penalties unless another provision of this code authorizes a longer sentence: (1) For a violation of section three of this article, the penalty shall be imprisonment in a state correctional facility for not less than fifty nor more than one hundred fifty years; (2) For a violation of section four of this article, the penalty shall be imprisonment in a state correctional facility for not less than thirty nor more than one hundred years; (3) For a violation of section five of this article, the penalty shall be imprisonment in a state correctional facility for not less than five nor more than twenty-five years; (4) For a violation of section seven of this article, the penalty shall be imprisonment in a state correctional facility for not less than ten nor more than thirty-five years; and (5) Notwithstanding the…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any person who causes or knowingly permits, uses, persuades, induces, entices, or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct is guilty of a felony when the act is being used to create a visual portrayal. Upon conviction thereof, such person shall be fined not more than $10,000 or imprisoned in the penitentiary not more than 10 years, or both fined and imprisoned. (b) Any person who creates a visual portrayal of a minor engaging in any sexually explicit conduct is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned in the penitentiary not more than 10 years, or both fined and imprisoned. (c) Any parent, legal guardian, or person having custody and control of a minor, who creates a visual portrayal of such minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices, or coerces such minor child to engage in or assist in any sexually explicit act is guilty of a felony when such act is used to create a visual portrayal.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia AI Laws and Regulation (2026)

(a) Any person who knowingly sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any visual portrayal of a minor engaged in any sexually explicit conduct or computer-generated child pornography is guilty of a felony. (b) It is sufficient for purposes of this section that the material visually portrays a minor, regardless of whether the subject’s age is represented to be less than age 18 years old or whether the minor subject’s actual identity can be ascertained. (c) A visual portrayal created in whole or in part by digital manipulation, artificial intelligence, or any other means may satisfy the requirements of this section. (d) It is not a defense under this section that the minor depicted has attained the age of at least 18 years old at the time of investigation and/or prosecution, as long as the visual portrayal of the minor was originally taken or captured when the subject was under the age of 18 years of age.

Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

(a) Any person age 18 or over who knowingly and intentionally produces, possesses, displays or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are: (1) Unrelated to the sale of a commercially available legal product; and (2) used for purely prurient purposes, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $1,000, or both confined and fined. (b) As used in this section only: (1) "Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section; and (2) "Commercially available" means for sale to the general public.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any minor who intentionally possesses, creates, produces, distributes, presents, transmits, posts, exchanges, or otherwise disseminates any computer-generated child pornography or a visual portrayal of another minor posing in an inappropriate sexual manner or who distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of himself or herself posing in an inappropriate sexual manner is guilty of an act of delinquency and, upon adjudication, disposition may be made by the circuit court pursuant to the provisions of §49-4-701 through §49-4-725 of this code. (b) As used in this section, “posing in an inappropriate sexual manner” means exhibition of a bare female breast, female or male genitalia, pubic, or rectal areas of a minor for purposes of sexual gratification. (c) It shall be an affirmative defense to an alleged violation of this section that a minor charged with possession of the prohibited visual portrayal did neither solicit its receipt nor distribute, transmit, or present it to another person by any means. (d) Notwithstanding the provisions of §15-12-1 et seq.

Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at code.wvlegislature.gov

In this article, unless a different meaning is plainly required: (1) "Abuse" means the infliction upon a minor of physical injury by other than accidental means. (2) "Child" means any person under eighteen years of age not otherwise emancipated by law. (3) "Controlled substance" means controlled substance as that term is defined in §60A-1-101(d) of this code. (4) "Custodian" means a person over the age of 14 years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether that person has been granted custody of the child by any contract, agreement, or legal proceeding. "Custodian" shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife, where the spouse or other person shares actual physical possession or care and custody of a child with the parent, guardian or custodian. (5) "Guardian" means a person who has care and custody of a child as the result of any contract, agreement or legal proceeding.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov