Serving the State of West Virginia

Sex Crimes

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    Morgantown Sex Crimes Attorney

    In the hierarchy of crimes, those of a sexual nature are among the most serious – and being convicted of one can cause life-changing consequences including fines and lengthy jail sentences.

    In the state of West Virginia, the following are considered sexual crimes:

    Sexual Assault (First Degree) – A person is guilty of sexual assault in the first degree in West Virginia when he or she engages in sexual intercourse or sexual intrusion with another person, and, in doing so, inflicts bodily injury, or employs a deadly weapon during the act. In West Virginia, you are also guilty of sexual assault in the first degree if the perpetrator is 14 or older and engages in sexual intercourse with a person who is younger than 12 (and with whom he or she is not married). Sexual assault in the first degree is a felony in West Virginia. If convicted, the penalty is no less than 15 years and no more than 35 years in a state correctional facility. Additionally, a person convicted of sexual assault in the first degree in West Virginia may be fined between $1,000 and $10,000.

    Sexual Assault (Second Degree) – A person is guilty of sexual assault in the second degree in West Virginia when he or she engages in intercourse with another person without consent and lack of consent results in forcible compulsion. A person is also guilty of sexual assault in the second degree in West Virginia if he or she engages in intercourse with a person who is physically helpless. Sexual assault in the second degree is a felony in West Virginia. If convicted, the penalty is no less than 10 years and no more than 25 years in jail. Additionally, a person convicted of sexual assault in the second degree in West Virginia may be fined between $1,000 and $10,000.

    Sexual Assault (Third Degree) – A person is guilty of sexual assault in the third degree if he or she engages in sexual intercourse or intrusion with someone who is “mentally defective or mentally incapacitated.” A person is also guilty of sexual assault in the third degree in West Virginia if he or she engages in sexual intercourse or intrusion with a person younger than 16 (or someone at least four years younger than the defendant). Sexual assault in the third degree is a felony in the West Virginia. If convicted, the penalty is no less than one year and no more than 5 years in a state correctional facility. A fine of no more than $10,000 may also be assessed.

    Sexual Abuse (First Degree) – A person is guilty of sexual abuse in the first degree if he or she subjects another person who is physically helpless to sexual contact without consent. A person who is at least 14, subjecting another person 12 or younger to sexual contact. Sexual abuse in the first degree is a felony in West Virginia. If convicted, the penalty is at least one year and no more than five years in a state correctional facility. A fine of no more than $10,000 may also be assessed. It should be noted that if the defendant is 18 or older and the victim is 12 or younger, then the penalty is no less than five years and no more than 25 years in a state correctional facility. A fine of as much as $5,000 may also be assessed.

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