reglab/housing_qa huggingface dataset:
WV Code § 61-8B-5 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|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 sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to 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 nor more than five years, or fined not more than $10,000 and imprisoned in a state correctional facility not less than one year nor more than five years.
WV Code § 61-8B-7 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-7. Sexual Abuse in the First Degree

(a) A person is guilty of sexual abuse in the first degree when:(1) Such person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or(2) Such person subjects another person to sexual contact who is physically helpless; or(3) Such person, being fourteen years old or more, subjects another person to sexual contact who is younger than twelve years old.(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year nor more than five years, or fined not more than $10,000 and imprisoned in a state correctional facility not less than one year nor more than five years.(c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is eighteen years of age or older and whose victim is younger than twelve years of age, shall be imprisonment for not less than five nor more than twenty-five years and fined not less than $1,000 nor more than $5,000.
WV Code § 61-8B-8 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-8. Sexual Abuse in the Second Degree

(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated.(b) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than twelve months, or fined not more than $500 and confined in the county jail not more than twelve months.
WV Code § 61-8B-9 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-9. Sexual Abuse in the Third Degree

(a) A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent, when such lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen years old.(b) In any prosecution under this section it is a defense that:(1) The defendant was less than sixteen 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 guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than ninety days, or fined not more than $500 and confined in the county jail not more than ninety days.
WV Code § 61-8B-9a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-9a. Mandatory Sentence for Person Committing Certain Sex Offenses Against Children

(a) Notwithstanding the provisions of section one-a, article eleven-a, section four, article eleven-b and section two, article twelve of chapter sixty-two of this code, a person shall not be eligible for probation, home incarceration or an alternative sentence provided under this code if they are convicted of an offense under section three, four, five, seven, eight or nine, article eight-b, chapter sixty-one of this code, are eighteen years of age or older, the victim is younger than twelve years of age and the finder of fact determines that one of the following aggravating circumstances exists:(1) The person employed forcible compulsion in commission of the offense;(2) The offense constituted, resulted from or involved a predatory act as defined in subsection (m), section two, article twelve, chapter fifteen of this code;(3) The person was armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon and used or threatened to use the weapon or article to cause the victim to submit; or(4) The person removed the victim from one place to another and did not release the victim in a safe place. For the purposes of this section, "release the victim in a safe place" means release of a victim in a place and manner which realistically conveys to the victim that he or she is free from captivity in circumstances and surroundings wherein aid is readily available.(b)(1) The existence of any fact which would make any person ineligible for probation under subsection (a) of this section because of the existence of an aggravating circumstance shall not be applicable unless such fact is clearly stated and included in the indictment or presentment by which such person is charged and is either: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter be tried before a jury, upon submitting to such jury a special interrogatory for such purpose; or (iii) found by the court, if the matter be tried by the court, without a jury.(2) Insofar as the provisions of this section relate to mandatory sentences without probation, home incarceration or alternative sentences, all such matters requiring such sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.
WV Code § 61-8B-9b (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-9b. Enhanced Penalties for Subsequent Offenses Committed by Those Previously Convicted of Sexually Violent Offenses Against Children

(a) Notwithstanding any provision of this article to the contrary, any person who has been convicted of a sexually violent offense, as defined in section two, article twelve, chapter fifteen of this code, against a victim under the age of twelve years old and thereafter commits and thereafter is convicted of one of the following offenses shall be subject to the following penalties unless another provision of this code authorizes a longer sentence:(1) For a violation of section three of this article, the penalty shall be imprisonment in a state correctional facility for not less than fifty nor more than one hundred fifty years;(2) For a violation of section four of this article, the penalty shall be imprisonment in a state correctional facility for not less than thirty nor more than one hundred years;(3) For a violation of section five of this article, the penalty shall be imprisonment in a state correctional facility for not less than five nor more than twenty-five years;(4) For a violation of section seven of this article, the penalty shall be imprisonment in a state correctional facility for not less than ten nor more than thirty-five years; and(5) Notwithstanding the penalty provisions of section eight of this article, a violation of its provisions by a person previously convicted of a sexually violent offense, as defined in section two, article twelve, chapter fifteen of this code, shall be a felony and, the penalty therefor shall be imprisonment in a state correctional facility for not less than three nor more than fifteen years.(b) Notwithstanding the provisions of section two, article twelve, chapter sixty-two of this code, any person sentenced pursuant to this section shall not be eligible for probation.(c) Notwithstanding the provisions of section one-a, article eleven-a and section four, article eleven-b of chapter sixty-two of this code, a person sentenced under this section shall not be eligible for home incarceration or an alternative sentence.
WV Code § 61-8B-10 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-10. Imposition of Sexual Acts on Persons Incarcerated or Under Supervision; Penalties

(a) Any person employed by the Division of Corrections and Rehabilitation, any person working at a correctional facility managed by the Commissioner of Corrections and Rehabilitation pursuant to contract or as an employee of a state agency or as a volunteer or any person employed by, or acting pursuant to, the authority of any sheriff, county commission, or court to ensure compliance with the provisions of §62-11B-1 et seq. of this code who engages in sexual intercourse, sexual intrusion, or sexual contact with a person who is incarcerated in this state is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years or both fined and imprisoned.(b) Any person employed by the Division of Corrections and Rehabilitation as a parole officer or by the West Virginia Supreme Court of Appeals as an adult or juvenile probation officer, who engages in sexual intercourse, sexual intrusion, or sexual contact with a person said parole officer or probation officer is charged as part of his or her employment with supervising, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned. (c) Any person working or volunteering in an alternative sentence program authorized by the provisions of §62-11C-1, et seq. of this code who, as part of his or her employment or volunteer duties, supervises program participants, engages in sexual intercourse, sexual intrusion, or sexual contact with a program participant is guilty of a felony and upon conviction, shall be fined not more than $5,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.(d) The term "incarcerated in this state" for purposes of this section includes in addition to its usual meaning, offenders serving a sentence under the provisions of article §62-11B-1 et seq. of this code. (e) Authorized pat-down, strip search or other security related tasks do not constitute sexual contact pursuant to this section.
WV Code § 61-8B-11 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-11. Sexual Offenses; Evidence

(a) In any prosecution under this article in which the victim’s lack of consent is based solely on the incapacity to consent because such victim was below a critical age, evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admissible. In any other prosecution under this article, evidence of specific instances of the victim’s prior sexual conduct with the defendant shall be admissible on the issue of consent: Provided, That such evidence heard first out of the presence of the jury is found by the judge to be relevant.(b) In any prosecution under this article evidence of specific instances of the victim’s sexual conduct with persons other than the defendant, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admissible: Provided, That such evidence shall be admissible solely for the purpose of impeaching credibility, if the victim first makes his or her previous sexual conduct an issue in the trial by introducing evidence with respect thereto.(c) In any prosecution under this article, neither age nor mental capacity of the victim shall preclude the victim from testifying.(d) At any stage of the proceedings, in any prosecution under this article, the court may permit a child who is 11 years old or less to use anatomically correct dolls, mannequins, or drawings to assist such child in testifying.(e)(1) A court may not order or otherwise require an alleged victim in a prosecution for a sexual offense to submit to or undergo a gynecological or physical examination of the breasts, buttocks, anus, or any part of the sex organs.(2) The refusal of an alleged victim to undergo an examination described in subdivision (1) of this subsection may not serve as the basis to exclude evidence obtained from other relevant examinations of the victim, except where constitutionally required.(3) For the purposes of this subsection, the term “sexual offense” means any offense in which sexual intercourse, sexual contact, or sexual intrusion is an element of the offense, and includes any prosecution under this article, §61-8-12, or §61-8D-5 of this code.
WV Code § 61-8B-11a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-11a. Convictions for Offenses Against Children

In any case where a person is convicted of an offense described in this article against a child and the person has custodial, visitation, or other parental rights to the child who is the victim of the offense or any child who resides in the same household as the victim, the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning of §49-4-601 through §49-4-610 of this code as to the child victim, and may find that the person is an abusing parent as to any child who resides in the same household as the victim, and shall take further action in accord with the provisions of those sections.
WV Code § 61-8B-12 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-12. Same -- Defense

(a) In any prosecution under this article in which the victim's lack of consent is based solely on the incapacity to consent because such victim was below a critical age, mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant at the time he or she engaged in the conduct constituting the offense did not know of the facts or conditions responsible for such incapacity to consent, unless the defendant is reckless in failing to know such facts or conditions.(b) The affirmative defense provided in subsection (a) of this section shall not be available in any prosecution under subdivision (2), subsection (a), section three, and under subdivision (3), subsection (a), section seven of this article.
WV Code § 61-8B-13 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-13. Payment of Treatment Cost for Victim

In addition to any penalty provided under this article and any restitution, which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this article to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the victim, the need for which results from the act or acts for which the defendant is convicted, whether or not the victim is considered to have sustained bodily injury.
WV Code § 61-8B-14 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-14. Limits on Interviews of Children Eleven Years Old or Less

In any prosecution under this article, the court may provide by rule for reasonable limits on the number of interviews to which a victim who is a child who is eleven years old or less must submit for law enforcement or discovery purposes. The rule shall to the extent possible protect the mental and emotional health of the child from the psychological damage of repeated interrogations while at the same time preserve the rights of the public and the defendant.
WV Code § 61-8B-15 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-15. Forensic Medical Examination Fund; Training of Sexual Assault Nurse Examiners

There is continued the "Forensic Medical Examination Fund”, created as a special fund in the state Treasury, into which shall be deposited legislative appropriations to the fund. The West Virginia prosecuting attorneys Institute, created by the provisions of section six, article four, chapter seven of this code, shall make expenditures from the fund, where it is determined to be practical by the executive council and the executive director to pay the costs of forensic medical examinations as defined in section sixteen of this article, to train nurses to examine sexual assault victims and to reimburse the institute for its expenses in administering payments from the fund.
WV Code § 61-8B-16 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-16. Payment for Costs of Forensic Medical Examination

(a) When any person alleges that he or she has been the victim of an offense proscribed by this article, the West Virginia prosecuting attorneys institute shall pay to a licensed medical facility from the forensic medical examination fund the cost of the forensic medical examination for the alleged victim on the following conditions and in the following manner:(1) The payment shall cover all reasonable, customary and usual costs of the forensic medical examination;(2) The costs of additional nonforensic procedures performed by the licensed medical facility, including, but not limited to, prophylactic treatment, treatment of injuries, testing for pregnancy and testing for sexually transmitted diseases, may not be paid from the fund: Provided, That nothing in this section shall be construed to prohibit a licensed medical facility from seeking payment for services referred to in this subdivision from the alleged victim or his or her insurer, if any;(3) The forensic medical examination must have been conducted within a reasonable time of the alleged violation;(4) The licensed medical facility must apply for payment of the costs of a forensic medical examination from the fund within a reasonable time of the examination;(5) The licensed medical facility shall certify that the forensic medical examination was performed and may submit a statement of charges to the West Virginia prosecuting attorneys Institute for payment from the fund.(b) No licensed medical facility may collect the costs of a forensic medical examination from the alleged victim of a violation of this article or from the alleged victim's insurance coverage, if any. (c) Nothing in this section shall be construed to require an alleged victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided a forensic medical examination pursuant to the provisions of this section.
WV Code § 61-8B-17 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-17. Study of Reimbursement; Recordkeeping; Disclosure; Confidentiality

(a) The West Virginia prosecuting attorneys institute is hereby directed to undertake a study of the viability of the state seeking reimbursement from private insurance companies for the cost of forensic medical examinations. The study shall be completed prior to the first day of the regular legislative session, one thousand nine hundred ninety-seven, and provided to the President of the Senate and the Speaker of the House of Delegates.(b) The West Virginia prosecuting attorneys institute shall develop and maintain a database for use by law-enforcement personnel, prosecuting attorneys and persons engaged in lawful research of the information collected pursuant to its administration of the forensic medical examination fund. The database shall include the number of examinations performed, the facilities performing the examination and where feasible, other information considered to be of assistance to law-enforcement and the prosecution of sexual offenses. The database shall be maintained in a manner which assures the confidentiality of the information.
WV Code § 61-8B-18 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8B. Sexual Offenses|§61-8B-18. Rule-Making Authority

The executive council of the West Virginia prosecuting attorneys institute, created by the provisions of section six, article four, chapter seven of this code, shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code, for the administration of the forensic medical examination fund, establishing qualifications for medical personnel performing a forensic medical examination and any other rules necessary to the implementation of this program. The institute shall also create and distribute to all licensed medical facilities, law-enforcement agencies and prosecuting attorneys' offices the instructional manuals and forms necessary to perform forensic medical examinations and to receive payment from the fund. From the effective date of this section until the date of the promulgation of these rules, the executive council of the West Virginia prosecuting attorneys institute may file rules as emergency rules in accordance with the applicable provisions of this code in order to govern during this period of time the administration of the fund.
WV Code § 61-8C-1 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-1. Definitions

For the purposes of this article:(a) “Minor” means any child under eighteen years of age.(b) “Knowledge” means knowing or having reasonable cause to know which warrants further inspection or inquiry.(c) “Sexually explicit conduct” includes any of the following, whether actually performed or simulated:(1) Genital to genital intercourse;(2) Fellatio;(3) Cunnilingus;(4) Anal intercourse;(5) Oral to anal intercourse;(6) Bestiality;(7) Masturbation;(8) Sadomasochistic abuse, including, but not limited to, flagellation, torture or bondage;(9) Excretory functions in a sexual context; or(10) Exhibition of the genitals, pubic or rectal areas of any person in a sexual context.(d) “Person” means an individual, partnership, firm, association, corporation or other legal entity.
WV Code § 61-8C-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-2. Use of Minors in Filming Sexually Explicit Conduct Prohibited; Penalty

(a) Any person who causes or knowingly permits, uses, persuades, induces, entices or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct shall be guilty of a felony when such person has knowledge that any such act is being photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.(b) Any person who photographs or films such minor engaging in any sexually explicit conduct shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.(c) Any parent, legal guardian or person having custody and control of a minor, who photographs or films such minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices or coerces such minor child to engage in or assist in any sexually explicit act shall be guilty of a felony when such person has knowledge that any such act may be photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.