Sex Crimes: Definitions and Penalties West Virginia

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1 Sex Crimes: Definitions and Penalties West Virginia Sexual Assault in the First Degree Last Updated: December 2016 punishments for this crime? A person is guilty of sexual assault in the first degree when: The person engages in sexual intercourse or sexual intrusion with another person and in so doing inflicts serious bodily injury upon anyone or employs a deadly weapon in the commission of the act, or 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 and is not married to that person. In general: Imprisonment not less than 15 years. Maximum imprisonment not more than 35 years. Fine not less than $1,000. If the actor is 18 years of age or older and the victim is younger than 12 years of age: Imprisonment not less than 25 years. Maximum imprisonment not more than 100 years. Fine not less than $5,000. Fine not more than $25,000. W. Va. Code 61-8B-9a, Mandatory sentence for person committing certain sex offenses against children.

2 Sexual intercourse: 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 Sexual Intrusion: Any act between persons involving penetration, however slight, of the female sex Serious bodily injury: 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. Deadly weapon: 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. W. Va. Code 61-8B-3 Sexual Assault in the Second Degree punishments for this crime? A person is guilty of sexual assault in the second degree when: 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 Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless. Imprisonment not less than 10 years. Maximum imprisonment not more than 25 years. Fine not less than $1,000. W. Va. Code 61-8B-9a, Mandatory sentence for person committing certain sex offenses against children.

3 Statutory citation(s): Forcible compulsion: Physical force that overcomes such earnest resistance as might reasonably be expected under the circumstances, or 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 Fear by a person under 16 years of age caused by intimidation, expressed or implied, by another person who is at least 4 years older than the victim. Resistance: Physical resistance, or Any clear communication of the victim s lack of consent. Physically helpless: That a person is unconscious, or For any reason is physically unable to communicate unwillingness to an act. W. Va. Code 61-8B-4 Sexual Assault in the Third Degree punishments for this crime? A person is guilty of sexual assault in the third degree when: The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated, or The person, being 16 years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least 4 years younger than the defendant and is not married to the defendant. Imprisonment not less than 1 year. Imprisonment not more than 5 years. W. Va. Code 61-8B-9a, Mandatory sentence for person committing certain sex offenses against children.

4 Sexual intercourse: 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 Sexual intrusion: Any act between persons involving penetration, however slight, of the female sex Mentally defective: That a person suffers from a mental disease or defect which renders that person incapable of appraising the nature of his or her conduct. Mentally incapacitated: 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. W. Va. Code 61-8B-5 Statutory Rape punishments for this crime? Statutory rape is commonly used to refer to sexual penetration that is illegal because it involves a youth. West Virginia has no specific statutory rape statute, but this concern is captured under W. Va. Code 61-8B-5: A person is guilty of sexual assault in the third degree when: The person, being 16 years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least 4 years younger than the defendant and is not married to the defendant. Imprisonment not less than 1 year. Imprisonment not more than 5 years. W. Va. Code 61-8B-9a, Mandatory sentence for person committing certain sex offenses against children.

5 Sexual intercourse: 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 Sexual intrusion: Any act between persons involving penetration, however slight, of the female sex W. Va. Code 61-8B-5 Sodomy punishments for this crime? Anything else I West Virginia does not have an anti-sodomy law on the books.