Plain English Breakdown
The plain English breakdown is still being put together. The official documents below are already here.
Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
SB197 • 2026
Relating to crime of sexual abuse by parent, guardian, custodian, or person in position of trust to child
This bill passed the Legislature and reached final enactment based on the latest official action.
The plain English breakdown is still being put together. The official documents below are already here.
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: SB197 HFA Akers 3-13 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 3, by striking the section heading for section 5 and inserting in lieu thereof the following language: §61-8D-5.
Plain English: SB197 HFA Akers 3-13 #1 Morgan 3345 Delegate Akers moved to amend the bill on page 3, by striking the section heading for section 5 and inserting in lieu thereof the following language: §61-8D-5.
Plain English: SB197 HFAT Akers 3-13 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: S.
Plain English: SB197 HFAT Akers 3-13 Morgan 3345 Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: S.
Plain English: SB197 SFA Martin 3-14 #1 Cobb 7888 Senator Martin moved to amend the amendment by striking out everything and inserting in lieu thereof the following: CHAPTER 15.
Plain English: SB197 SFAT Martin 3-14 Cobb 7888 Senator Martin moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Approved by Governor 4/1/2026
To Governor 3/19/2026
Approved by Governor 4/1/2026 - House Journal
Approved by Governor 4/1/2026 - Senate Journal
To Governor 3/19/2026 - Senate Journal
Completed legislative action
Communicated to House
Senate concurred in House amendments and passed bill (Roll No. 679)
Unanimous consent to remove bill from table
Motion to table bill adopted (voice vote)
Amendment to House amendment withdrawn by unanimous consent
Amendment to House amendment reported
House amendment to Senate bill reported
House Message received
Communicated to Senate
Title amendment adopted (Voice vote)
Passed House (Roll No. 518)
Amended on 3rd reading
Amendment adopted (Voice vote)
Amendment reported by the Clerk
Read 3rd time
On 3rd reading, Special Calendar
Committee amendment adopted (Voice vote)
Amendment reported by the Clerk
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
Immediate consideration
With amendment, do pass
Markup Discussion
To House Judiciary
To Judiciary
Introduced in House
House received Senate message
Ordered to House
Passed Senate (Roll No. 254)
Read 3rd time
On 3rd reading
Read 2nd time
On 2nd reading
Read 1st time
On 1st reading
Reported do pass
To Judiciary
Introduced in Senate
To Judiciary
Filed for introduction
Relating to crime of sexual abuse by parent, guardian, custodian, or person in position of trust to child
SB 197 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 Enrolled Version - Final Version Senate Bill 197 History OTHER VERSIONS - Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Enrolled Senate Bill 197 By Senators Weld, Woelfel, Deeds, Tarr, and Z. Maynard [Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)] AN ACT 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 and fines for crimes against minors; increasing criminal penalties and fines for the offenses of sexual assault in the third degree; increasing criminal penalties and fines for sexual abuse in the third degree; increasing criminal penalties and fines for child neglect resulting in death; increasing criminal penalties and fines relating to the crime of when 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 attempts 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; creating the crime of when any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly 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 16 years of age or any age if the child is a disabled child and establishing criminal penalties and fines; increasing criminal penalties and fines for the crime of when any parent, guardian, custodian, or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces 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 16 years of age or any age if the child is a disabled child; creating the crime of when any parent, guardian, custodian, or other person in a position of trust in relation to the child who knowingly 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 16 years of age or older and establishing criminal penalties; increasing criminal penalties for the crime of when any parent, guardian, custodian or other person in a position of trust in relation to the child who knowingly procures, authorizes, or induces 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 16 years of age or older; and increasing criminal penalties and fines for knowingly 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. 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 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. §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 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. 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 $2,000 nor more than $10,000 or committed to the custody of the Division of Corrections and Rehabilitation for not less than 10 nor more than 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; 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, 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. (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 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 10 years nor more than 30 years, or fined not less than $2,000 nor more than $20,000 and imprisoned in a correctional facility not less than 10 years nor more than 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 16 years of age or older, 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, 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 two years nor more than 10 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 four years, and fined not less than $800 nor more than $8,000. The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the Senate ............................................................... Clerk of the House of Delegates Originated in the Senate. In effect 90 days from passage. ............................................................... President of the Senate ............................................................... Speaker of the House of Delegates __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. Governor 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: