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WV Code § 61-8C-3 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-3. Distribution and Exhibiting of Material Depicting Minors Engaged in Sexually Explicit Conduct Prohibited; Penalty

(a) Any person who, knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony.(b) Any person who violates the provisions of subsection (a) of this section when the conduct involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility for not more than two years or fined not more than $2,000 or both.(c) Any person who violates the provisions of subsection (a) of this section when the conduct involves more than fifty but fewer than six hundred images shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than ten years or fined not more than $5,000, or both.(d) Notwithstanding the provisions of subsections (b) and (c) of this section any person who violates the provisions of subsection (a) of this section when the conduct involves six hundred or more images or depicts violence against a child or a child engaging in bestiality shall, upon conviction, be imprisoned in a state correctional facility for not less than five nor more than fifteen years or fined not more than $25,000, or both.(e) For purposes of this section each video clip, movie or similar recording of five minutes or less shall constitute seventy-five images. A video clip, movie or similar recording of a duration longer than five minutes shall be deemed to constitute seventy-five images for every two minutes in length it exceeds five minutes.
WV Code § 61-8C-3a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-3a. Prohibiting Child Erotica; Penalties

(a) Any person age eighteen or over who knowingly and intentionally produces, possesses, displays or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are: (1) Unrelated to the sale of a commercially available legal product; and (2) used for purely prurient purposes, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $1,000, or both confined and fined.(b) As used in this section only:(1) "Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section; and(2) "Commercially available" means for sale to the general public.(3) A "minor" is a child under the age of sixteen years, or a person who is sixteen years of age or older but less than eighteen years old and who is mentally defective or mentally incapacitated.
WV Code § 61-8C-3b (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-3b. Prohibiting Juveniles From Manufacturing, Possessing and Distributing Nude or Partially Nude Images of Minors; Creating Exemptions; Declaring a Violation to Be an Act of Juvenile Delinquency; and Providing for the Punishment Thereof

(a) Any minor who intentionally possesses, creates, produces, distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of another minor posing in an inappropriate sexual manner or who distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of himself or herself posing in an inappropriate sexual manner is guilty of an act of delinquency and, upon adjudication, disposition may be made by the circuit court pursuant to the provisions of §49-4-701 through §49-4-725 of this code.(b) As used in this section:(1) “Posing in an inappropriate sexual manner” means exhibition of a bare female breast, female or male genitalia, pubic, or rectal areas of a minor for purposes of sexual titillation.(2) “Visual portrayal” means:(A) A photograph;(B) A motion picture;(C) A digital image;(D) A digital video recording; or(E) Any other mechanical or electronic recording process or device that can preserve, for later viewing, a visual image of a person that includes, but is not limited to, computers, cellphones, personal digital assistance, and other digital storage or transmitting devices;(c) It shall be an affirmative defense to an alleged violation of this section that a minor charged with possession of the prohibited visual depiction did neither solicit its receipt nor distribute, transmit, or present it to another person by any means.(d) Notwithstanding the provisions of §15-12-1 et seq. of this code, an adjudication of delinquency under the provisions of this section shall not subject the minor to the requirements of that article and chapter.
WV Code § 61-8C-4 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-4. Payments of Treatment Costs for Minor

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 minor resulting from the act or acts for which the person is convicted, whether or not the minor is considered to have sustained bodily injury.
WV Code § 61-8C-5 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-5. Limits on Interviews of Children Eleven Years Old or Less; Evidence

(a) 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 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 interrogation and at the same time preserve the rights of the public and the defendant.(b) At any stage of the proceedings, in any prosecution under this article, the court may permit a child who is eleven years old or less to use anatomically correct dolls, mannequins or drawings to assist such child in testifying.
WV Code § 61-8C-6 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-6. Legislative Findings

The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this article is not contemplated to be a forfeiture as the same is used in article twelve, section five of the West Virginia Constitution and to the extent that such seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article is not part of net proceeds as the same is contemplated by such article twelve, section five of the West Virginia Constitution.
WV Code § 61-8C-8 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-8. Procedures for Seizure of Forfeitable Property

(a) Seizure of property made subject to forfeiture by the provisions of this article may be made upon process issued by any court of record having jurisdiction over the property.(b) Notwithstanding the provisions of subsection (a) of this section, seizure of property subject to forfeiture by the provisions of this article may be made without process if:(1) The seizure is incident to a lawful arrest or pursuant to a search under a search warrant or an inspection warrant;(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this article;(3) The appropriate person has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or(4) The appropriate person has probable cause to believe that the property was used or intended for use in violation of this chapter.(c) In the event of seizure pursuant to subsection (b) of this section, forfeiture proceedings shall be instituted within ninety days of the seizure thereof.(d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the appropriate person, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the appropriate person may:(1) Place the property under seal;(2) Remove the property to a place designated by him or her;(3) Require the appropriate law-enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or(4) In the case of seized moneys, securities or other negotiable instruments, place the assets in any interest-bearing depository insured by an agency of the federal government.
WV Code § 61-8C-10 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8C. Filming of Sexually Explicit Conduct of Minors|§61-8C-10. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments; Distribution of Proceeds

(a) Whenever moneys, securities or other negotiable instruments are forfeited under the provisions of this article, such proceeds shall be distributed as follows:(1) Ten percent of the proceeds shall be tendered to the office of the prosecuting attorney which initiated the forfeiture proceeding;(2) The balance shall be deposited in a special law-enforcement investigation fund. The fund may be placed in any interest-bearing depository insured by an agency of the federal government. The fund shall be administered by the Superintendent of the State Police or his or her designee.(b) No funds shall be expended from the special law-enforcement investigation fund except as follows:(1) In the case of funds belonging to the State Police, the funds shall only be expended at the direction of the Superintendent of the State Police and in accordance with the provisions of article two, chapter eleven-b of this code and the provisions of subdivision (10), subsection (b), section two, article two, chapter twelve of this code;(2) In the case of funds belonging to the office of the prosecuting attorney of any county in which the special fund has been created, the funds therein may only be expended in the manner provided in sections four and five, article five, chapter seven of this code; and(3) In the case of funds belonging to the police department of any municipality in which the special fund has been created, the funds therein may only be expended in the manner provided in section twenty-two, article thirteen, chapter eight of this code.
WV Code § 61-8D-1a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-1a. Emmaleigh’s Law

The amendments made to this article during the 2017 legislative session shall be known as Emmaleigh’s Law.
WV Code § 61-8D-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-2. Murder of a Child by a Parent, Guardian or Custodian or Other Person by Refusal or Failure to Supply Necessities, or by Delivery, Administration or Ingestion of a Controlled Substance; Penalties

(a) If any parent, guardian or custodian shall maliciously and intentionally cause the death of a child under his or her care, custody or control by his or her failure or refusal to supply such child with necessary food, clothing, shelter or medical care, then such parent, guardian or custodian shall be guilty of murder in the first degree.(b) If any parent, guardian or custodian shall cause the death of a child under his or her care, custody or control by knowingly allowing any other person to maliciously and intentionally fail or refuse to supply such child with necessary food, clothing, shelter or medical care, then such other person and such parent, guardian or custodian shall each be guilty of murder in the first degree.(c) The penalty for offenses defined by this section shall be that which is prescribed for murder in the first degree under the provisions of section two article, two of this chapter.(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
WV Code § 61-8D-2a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-2a. Death of a Child by a Parent, Guardian or Custodian or Other Person by Child Abuse; Criminal Penalties

(a) If any parent, guardian or custodian maliciously and intentionally inflicts upon a child under his or her care, custody or control substantial physical pain, illness or any impairment of physical condition by other than accidental means, thereby causing the death of such child, then such parent, guardian or custodian is guilty of a felony.(b) If any parent, guardian or custodian knowingly allows any other person to maliciously and intentionally inflict upon a child under the care, custody or control of such parent, guardian or custodian substantial physical pain, illness or any impairment of physical condition by other than accidental means, which thereby causes the death of such child, then such other person and such parent, guardian or custodian are each guilty of a felony.(c) Any person convicted of a felony described in subsection (a) or (b) of this section shall be imprisoned in a state correctional facility for a period of fifteen years to life. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of fifteen years of his or her sentence.(d) The provisions of this section are not applicable to any parent, guardian or custodian or other person who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member. The provisions of this section are not applicable to any health care provider who fails or refuses, or allows another person to fail or refuse, to supply a child with necessary medical care when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the parent, guardian or custodian of the child is an adherent or member, or where such failure or refusal is pursuant to a properly executed do not resuscitate form.
WV Code § 61-8D-3a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-3a. Female Genital Mutilation; Penalties; Definitions

(a) Except as otherwise provided in subsection (b) of this section, any person who circumcises, excises or infibulates, in whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen, or any parent, guardian or custodian of a female under the age of eighteen who allows the circumcision, excision or infibulation, in whole or in part, of such female's labia majora, labia minora or clitoris, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and fined not less than $1,000 nor more than $5,000.(b) A surgical procedure is not a violation of this section if the procedure:(1) Is necessary to preserve the health of the child on whom it is performed and is performed by a licensed medical professional authorized to practice medicine in this state; or(2) The procedure is performed on a child who is in labor or has just given birth and is performed for legitimate medical purposes connected with that labor or birth by a licensed medical professional authorized to practice medicine in this state.(c) A person's belief that the conduct described in subsection (a) of this section: (i) Is required as a matter of custom, ritual or standard practice; or (ii) was consented to by the female on which the circumcision, excision or infibulation was performed shall not constitute a defense to criminal prosecution under subsection (a) of this section.
WV Code § 61-8D-4a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-4a. Child Neglect Resulting in Death; Criminal Penalties

(a) If any parent, guardian or custodian 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 shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or committed to the custody of the Division of Corrections for not less than three nor more than fifteen years, or both such fine and imprisonment.(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 such 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.(c) A child whose parent, guardian or legal custodian 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.
WV Code § 61-8D-5a (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-5a. Verbal Abuse of Noncommunicative Child; Penalties

The amendments made to this section during the 2020 Regular Session of the Legislature shall be known as "Adris, Owens, and Emmas Law".(a) Any person, 18 years of age or older, who has supervisory responsibility over a noncommunicative minor child, who repeatedly engages in verbal conduct toward the child in an insulting, demeaning or threatening manner, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less that $500 nor more that $2,500 or confined in jail not more than six months, or both fined and confined.(b) As used in section (a) of this section:(1) "Noncommunicative child" means a child who, due to physical or developmental disabilities is unable to communicate verbally, in writing, or through a recognized sign language;(2) "Repeatedly" means on two or more occasions;(3) "Supervisory responsibility" means any situation where an adult has direct supervisory decision-making, oversight, instructive, academic, evaluative, or advisory responsibilities regarding the child. Supervisory responsibility can occur in a residence, in or out of a school setting, institutional setting, and in curricular, co-curricular, or extra-curricular settings.
WV Code § 61-8D-6 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-6. Sending, Distributing, Exhibiting, Possessing, Displaying or Transporting Material by a Parent, Guardian or Custodian, Depicting a Child Engaged in Sexually Explicit Conduct; Penalty

Any parent, guardian or custodian 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 years, and fined not less than $400 nor more than $4,000.
WV Code § 61-8D-7 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-7. Presentation of False Information Regarding Child's Injuries; Penalty

Any person who presents false information concerning acts or conduct which would constitute an offense under the provisions of this article to attending medical personnel shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, and shall be confined in the county jail not more than one year.
WV Code § 61-8D-8 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-8. Testimony of Husband and Wife

Husband and wife are competent witnesses in any proceeding under this article and cannot refuse to testify on the grounds of their marital relationship or the privileged nature of their communications.
WV Code § 61-8D-9 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8D. Child Abuse|§61-8D-9. Convictions for Offenses Against Children

In any case where a person is convicted of a felony offense against a child as set forth in this article 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 such further action in accord with the provisions of those sections.
WV Code § 61-8E-1 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8E. Display of Video Ratings or Lack Thereof|§61-8E-1. Legislative Purpose

The Legislature finds that the motion picture industry has had an effective voluntary film rating system for many years. It further finds that with the advent of movie video cassette sales and rentals that the variety and number of movie video cassettes available to the consumer for home use has significantly increased. This growth in the marketplace has resulted in some film makers and distributors choosing not to be subject to the voluntary rating system, putting the consumer in the position of being without the guidance of such rating system in making rental or purchase decisions. The Legislature believes that the public has a right to be informed about movie video cassette ratings or the lack thereof in making rental or purchase decisions.
WV Code § 61-8E-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8E. Display of Video Ratings or Lack Thereof|§61-8E-2. Definitions

In this article, unless a different meaning is plainly required:(1) “Business entity” means any sole proprietorship, partnership or corporation;(2) “Official rating” means an official rating of the Motion Picture Association of America and the Film Advisory Board, Inc.; and(3) “Video movie” means a video tape or video disc copy of a motion picture film.