§ 61-8D-4 — Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties

West Virginia § 61-8D-4

• Jurisdiction: West Virginia
• Ch. 61: CRIMES AND THEIR PUNISHMENT
• Art. 8D: CHILD ABUSE

Text

(a) If a parent, guardian, custodian, or person in a position of trust in relation to a child neglects a child and by such neglect causes the child bodily injury, as bodily injury is defined in §61-8B-1 of this code, then the parent, guardian, custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years nor more than 10 years, or in the discretion of the court, be confined in jail for not more than one year..

(b) If a parent, guardian, custodian, or person in a position of trust in relation to a child neglects a child and by such neglect causes the child serious bodily injury, as serious bodily injury is defined in §61-8B-1 of this code, then the parent, guardian, custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than five years nor more than 15 years.

(c) If a parent, guardian, custodian, or person in a position of trust in relation to a child neglects a child and by that neglect creates a substantial risk of death or serious bodily injury, as serious bodily injury is defined in §61-8B-1 of this code, of the child then the parent, guardian, custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 10 years.

(d)(1) If a parent, guardian, custodian, or person in a position of trust in relation to a child neglects a child and by that neglect creates a substantial risk of bodily injury, as defined in §61-8B-1 of this code, to the child, then the parent, guardian, custodian, or person in a position of trust in relation to a child is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.

(2) If a parent, guardian, custodian, or person in a position of trust to a child violates this subsection and has previously been convicted of violating this subsection, §61-8D-3(d) of this code, or a law of another state or the federal government with the same essential elements, the parent, guardian, custodian, or person in a position of trust in relation to a child 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..

(e) Any person convicted of a felony offense under this section, who was previously convicted of a felony offense under this section, §61-8D-3, or a law of another state or the federal government with the same essential elements of a felony offense contained within either section, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both fined and imprisoned.

(f) The provisions of this section may not apply if the neglect by the parent, guardian, custodian, or person in a position of trust in relation to a child is due primarily to a lack of financial means on the part of the parent, guardian, custodian, or person in a position of trust in relation to the child.

(g) Any person convicted of a misdemeanor offense under this section:

(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Human Services through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;

(2) May not be required to register pursuant to the requirements of §15-13-1et seq. of this code; and

(3) May not, solely by virtue of the conviction, have his or her custody, visitation, or parental rights automatically restricted.

Legislative History

2025 Reg. Sess., HB2123; 2024 Reg. Sess., HB4274; 2024 Reg. Sess., HB4302; 2024 Reg. Sess., HB5662; 2023 Reg. Sess., HB2113; 2022 Reg. Sess., HB4032; 2021 Reg. Sess., HB2017; 2020 Reg. Sess., HB4872; 2019 Reg. Sess., HB2933; 2017 Reg. Sess., HB2648; 2014 Reg. Sess., HB4005; 2012 Reg. Sess., HB4356; 2011 Reg. Sess., SB71; 1996 Reg. Sess., HB2458; 1992 Reg. Sess., HB2538; 1988 Reg. Sess., SB255