West Virginia Statutes
§ 61-8B-5 — Sexual assault in the third degree
West Virginia § 61-8B-5
This text of West Virginia § 61-8B-5 (Sexual assault in the third 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-5 (2026).
Text
(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 16 years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least four years younger than 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.
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Legislative History
2025 Reg. Sess., HB2634; 2024 Reg. Sess., SB190; 2024 Reg. Sess., HB5235; 2024 Reg. Sess., HB5344; 2021 Reg. Sess., HB2017; 2000 Reg. Sess., HB4561; 1984 Reg. Sess., HB2032; 1976 Reg. Sess., SB154
Nearby Sections
15
§ 61-1-1
Treason defined; degree of proof§ 61-1-2
Punishment§ 61-1-8
Desecration of flag; penalty§ 61-10-11
Lotteries or raffles; penalty§ 61-10-11a
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Bluebook (online)
West Virginia § 61-8B-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/61/61-8B-5.