West Virginia § 61-8B-4 Sexual assault in the second degree

West Virginia Statutes

§ 61-8B-4 — Sexual assault in the second degree

West Virginia § 61-8B-4

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 8BSEXUAL OFFENSES

This text of West Virginia § 61-8B-4 (Sexual assault in the second degree) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-8B-4 (2026).

Text

(a)A person is guilty of sexual assault in the second degree when:

(1)Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or

(2)Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.

(b)Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty-five years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years.

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(a) A person is guilty of sexual assault in the second degree when:

(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or

(2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.

(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty-five years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years.