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HB5496 • 2026
Providing for the offense of child torture.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Providing for the offense of child torture.
To House Judiciary
Introduced in House
To Judiciary
Filed for introduction
Providing for the offense of child torture.
HB 5496 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 5496 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5496 By Delegates Mazzocchi, Kimble, Burkhammer, and Coop-Gonzalez [Introduced February 13, 2026; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section designated §61-8D-11, relating to the new criminal offense of child torture. Be it enacted by the Legislature of West Virginia: article 8d. child abuse. §61-8D-11. Child Torture; criminal penalties. (a) Any person who is at least 16 years of age who tortures a child, and such torture causes bodily injury to the child, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than 10 years nor more than 25 years, and shall not be eligible for parole prior to having actually served 10 years. (b) Any person who is at least 16 years of age who tortures a child, and such torture does not cause bodily injury to the child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than 10 years nor more than 20 years, and shall not be eligible for parole prior to having actually served eight years. (c) For purposes of this section, "torture" means a course of conduct against a child that includes at least one of the following acts or substantially similar acts: (1) Breaking, severing, or severely impairing a limb. (2) Inflicting severe and prolonged pain from striking, burning, or cutting. (3) Causing or allowing a grossly unreasonable period of time where the child is deprived of food or water. (4) Knowingly restraining the child so as to interfere substantially with the child's liberty in a grossly unreasonable manner that serves no legitimate purpose. (5) Forcing the child to remain in an area that is not suitable for habitation, including an area where urine or feces is actively present. (6) Subjecting the child to extreme temperatures without adequate clothing, shelter, or other protection from the elements. (7) Forcing excessive and unnecessary time periods of exercise or other physical acts as a form of punishment against the child. (8) Engaging in the sexual abuse or exploitation of the child or allowing or participating in the sexual abuse or exploitation of the child by another person. (9) Repeatedly intimidating or humiliating the child for the purpose of causing significant emotional distress. (10) Terrorizing or threatening death or harm to the child, a loved one of the child, or a pet or loved object of the child, for the purpose of causing significant emotional distress. (11) Restricting basic and necessary bodily functions needed for the personal hygiene of the child. (12) Engaging in conduct that places the child at risk of serious bodily injury. NOTE: The purpose of this bill is to establish the criminal offense of child torture. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: