West Virginia Statutes

§ 61-8B-1 — Definition of terms

West Virginia·Ch. 61 CRIMES AND THEIR PUNISHMENT·Art. 8B SEXUAL OFFENSES

In this article, unless a different meaning plainly is required:

(1)"Forcible compulsion" means:
(A)Physical force that overcomes such earnest resistance that is reasonably expected under the circumstances;
(B)Threat or intimidation, expressed or implied, placing a person in fear of immediate death or bodily injury to himself or herself or another person, or in fear that he or she or another person will be kidnapped; or
(C)Fear by a person under 16 years of age caused by intimidation, expressed or implied, by another person who is at least four years older than the victim. For the purposes of this definition, "resistance" includes physical resistance or any clear communication of the victim's lack of consent.
(2)"Mentally defective" means that a person suffers from a mental dise

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Legislative History

2024 Reg. Sess., SB190; 2007 Reg. Sess., HB2498; 2006 Reg. Sess., HB4121; 2000 Reg. Sess., HB4561; 1996 Reg. Sess., SB100; 1996 Reg. Sess., HB150; 1984 Reg. Sess., HB2032; 1976 Reg. Sess., SB154

Nearby Sections

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