To double the criminal penalty for anyone found guilty of sexual assault on a minor

HB 4695 Text

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Key:
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= existing Code.
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= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 4695
By Delegates Vance, Martin, Brooks, Akers, Maynor, McGeehan, Dean, Bridges, Pritt, Toney, and Hornby
[Originating in the Committee on the Judiciary; Reported on February 5, 2026]

A BILL to amend and reenact §61-8B-5, §61-8B-9, §61-8D-4a, §61-8D-5 and §61-8D-6 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for crimes against minors; increasing penalties for the offenses of sexual assault in the third degree; increasing penalties for sexual abuse in the third degree; increasing penalties for child neglect resulting in death; increasing penalties for sending, distributing, exhibiting, possessing, displaying, or transporting material by a parent, guardian, or custodian, or person in a position of trust, depicting a child engaged in sexually explicit conduct; increasing penalties for and adding attempt to the offense of sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child; and creating criminal penalties.
Be it enacted by the Legislature of West Virginia:

ARTICLE 8B. SEXUAL OFFENSES.

§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

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
one year

two years
nor more than
five

10
years, or fined not more than
$10,000

$20,000
and imprisoned in a state correctional facility not less than
one year

two years
nor more than
five

10
years.

§61-8B-9. Sexual abuse in the third degree.

(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
such

the
lack of consent is due to the victim's incapacity to consent by reason of being less than
sixteen

16
years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than
sixteen

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
shall be

is
guilty of a
misdemeanor

felony
, and, upon conviction thereof, shall be
confined in the county jail

imprisoned in a state correctional facility
not
more

less
than
ninety days

one year nor more than three years
, or fined not more than
$500

$1,000
and
confined in the county jail

imprisoned in a state correctional facility
not
more

less
than
ninety days

one year nor more than three years
.

ARTICLE 8D. CHILD ABUSE.

§61-8D-4a. Child neglect resulting in death; criminal penalties.

(a) If any parent, guardian or custodian, or person in a position of trust in relation to a child shall
neglect a child under his or her care, custody or control and by such neglect cause the death of said child
, then such parent, guardian or custodian, or person in a position of trust in relation to a child shall be guilty of a felony and, upon conviction thereof, shall be fined not less than
$1,000

$2,000
nor more than
$5,000

$10,000
or committed to the custody of the Division of Corrections for not less than
three

10
nor more than
15

40
years, or both fined and imprisoned.
(b) No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reasonable proven record of success shall, for that reason alone, be considered to have been neglected within the provisions of this section. A method of religious healing shall be presumed to be a recognized method of religious healing if fees and expenses incurred in connection with the treatment are permitted to be deducted from taxable income as "medical expenses" pursuant to regulations or rules promulgated by the United States Internal Revenue Service:
Provided
, That the provisions of this subsection do not apply to a person in a position of trust in relation to a child who, by virtue of his or her occupation or position, is charged with any duty or responsibility for the health, education, welfare, or supervision of a child.
(c) A
child whose parent, guardian or legal custodian, or person in a position of trust in relation to that child has inhibited or interfered with the provision of medical treatment in accordance with a court order may be considered to have been neglected for the purposes of this section.

§61-8D-5. Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child;
failing to report sexual assault or abuse 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 or other person in a position of trust in relation to a child under his or her care, custody or control,
shall engage

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
such

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
ten

20
nor more than
twenty

40
years, or fined not less than
$500

$1,000
nor more than
$5,000

$10,000
and imprisoned in a correctional facility not less than
ten

20
years nor more than
twenty

40
years.
(b) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces
or attempts to procure, authorize, or induce
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, custodian or person in a position of trust when such child is less than
sixteen

16
years of age
or any age if the child is a disabled child, as identified in §61-8F-2 of this code
, 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, 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
five

10
years nor more than
fifteen

30
years, or fined not less than
$1,000

$2,000
nor more than
$10,000

$20,000
and imprisoned in a correctional facility not less than
five

10
years nor more than
fifteen

30
years.
(c) Any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces
or attempts to precure, authorize, or induce
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, custodian or person in a position of trust when such child is
sixteen

16
years of age or older, notwithstanding the fact that the child may have
consented to

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, 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
one year

two years
nor more than
five

10
years.
(d) The provisions of this section shall not apply to a custodian or person in a position of trust whose age exceeds the age of the child by less than four years

§61-8D-6. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian,
or person in a position of trust,
depicting a child engaged in sexually explicit conduct; penalty.

Any parent, guardian or custodian,
or person in a position of trust
who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than
two

four
years, and fined not less than
$400

$800
nor more than
$4,000

$8,000
.

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