West Virginia law sets prison terms for caregivers who sexually abuse children in their care or knowingly arrange or attempt to arrange abuse by someone else.
Caregivers who sexually abuse or attempt to sexually abuse a child in their care face 20–40 years in prison. A child’s consent or lack of apparent injury does not excuse the conduct.
Caregivers who knowingly arrange or try to arrange another person’s sexual abuse face prison: 10–30 years for children under 16 or covered by the disability rule, and 2–10 years under the separate rule for older children.
Third-degree sexual assault carries 2–10 years in prison. Third-degree sexual abuse carries 1–3 years, with defenses for people under 16 or less than four years older than the child.
Caregivers whose neglect causes a child’s death face 10–40 years in prison, a fine, or both. A limited religious-healing exception excludes trusted people whose job or position gives them duties toward the child.
Caregivers who knowingly possess or share visual material showing a child in their care engaged in sexually explicit conduct face up to four years in prison and an $800–$8,000 fine.
Parents, caregivers, and other trusted people face prison for sexually abusing or attempting to sexually abuse a child in their care. This applies to parents, guardians, custodians, and other people in a position of trust over a child under their care, custody, or control. The child’s willingness or consent does not excuse the conduct. The offense does not require an apparent physical, mental, or emotional injury. A conviction requires 20–40 years in prison and may also bring a $1,000–$10,000 fine. The law took effect June 12, 2026.
Caregivers face prison for knowingly arranging, allowing, or encouraging another person to sexually abuse a child, or trying to do so. This applies to parents, guardians, custodians, and other trusted people responsible for a child under their care, custody, or control. For a child under 16, or a child meeting the legal disability definition at any age, conviction requires 10–30 years in prison and may also bring a $2,000–$20,000 fine. A separate provision covering children age 16 or older requires 2–10 years in prison. The other person’s attempted abuse is also covered. The child’s willingness or lack of apparent physical, mental, or emotional injury does not excuse the conduct. The law took effect June 12, 2026.
People convicted of third-degree sexual assault or third-degree sexual abuse face prison and possible fines. The assault provision covers intercourse or penetration involving mental impairment or incapacity, or the specified age differences. The abuse provision covers sexual contact without consent when age makes the child unable to consent. For the age-based assault offense, the accused must be at least 16 and the victim must be under 16 and at least four years younger. The sexual-contact offense concerns a child under 16 who cannot legally consent because of age. Being under 16 or less than four years older than the victim is a defense. Assault carries 2–10 years in prison and a possible fine up to $20,000. Sexual abuse carries 1–3 years and a possible fine up to $1,000. The law took effect June 12, 2026.
Caregivers whose neglect causes a child’s death face a fine, prison, or both. This applies to parents, guardians, custodians, and other trusted people whose neglect kills a child under their care, custody, or control. The penalty is a $2,000–$10,000 fine, 10–40 years in prison, or both. Treatment solely through prayer instead of medical care does not alone establish neglect if it follows a recognized religious healing method with a reasonably proven record of success. A healing method is presumed recognized if federal tax rules allow its treatment fees and expenses to be deducted as medical expenses. The prayer-treatment exception does not cover trusted people whose job or position makes them responsible for a child’s health, education, welfare, or supervision. Interfering with court-ordered medical treatment may count as neglect. The law took effect June 12, 2026.
Caregivers face prison and a fine for knowingly possessing or sharing visual material showing a child in their care engaged in sexually explicit conduct. This applies to parents, guardians, custodians, and other trusted people when the depicted child is under their care, custody, or control. The offense also covers knowingly showing or transporting the material or causing it to be sent. Conviction carries up to four years in prison and an $800–$8,000 fine. The law took effect June 12, 2026.
No hearings or votes scheduled.