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West VirginiaSB 1972026 Regular SessionSenate

Relating to crime of sexual abuse by parent, guardian, custodian, or person in position of trust to child

Sponsored By: Ryan Weld (Republican)

Signed by Governor

§61-8B-5§61-8B-9§61-8D-4a§61-8D-5§61-8D-6

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Felony penalties for sex with minors

Beginning June 12, 2026, third-degree sexual assault is a felony. It covers sex with a mentally defective or mentally incapacitated person, or sex when the offender is 16+ and the other person is under 16 and at least four years younger. Penalties are 2–10 years in prison and up to a $20,000 fine. Third-degree sexual abuse of a person under 16 is also a felony. It carries 1–3 years in prison and up to a $1,000 fine. It is a defense if the defendant was under 16 or less than four years older than the victim.

Severe penalties for caregiver sexual abuse

Beginning June 12, 2026, any parent, guardian, custodian, or trusted caregiver who has or tries to have sexual contact with a child in their care commits a felony. The child’s consent is not a defense. Penalties are 20–40 years in prison and a $1,000–$10,000 fine. If a caregiver gets someone else to exploit or have sexual contact with a child under 16, or with a disabled child of any age, penalties are 10–30 years and a $2,000–$20,000 fine. Doing the same with a child 16 or older carries 2–10 years in prison. Sending, showing, having, or moving sexual images of a child in their care is a felony, punishable by up to 4 years and an $800–$8,000 fine.

Child neglect death penalties and medical care rules

Beginning June 12, 2026, child neglect that causes death is a felony. Penalties are 10–40 years in prison and a $2,000–$10,000 fine. Treating a child only by prayer under a recognized religious healing method is not, by itself, neglect. A method is presumed recognized if its fees are deductible as medical expenses under IRS rules. This exception does not protect professional caregivers responsible for a child’s health, education, welfare, or supervision. Blocking court-ordered medical treatment can count as neglect.

Sponsors & Cosponsors

Sponsor

  • Ryan Weld

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

  • Eric Tarr

    Republican • Senate

  • Mike Woelfel

    Democratic • Senate

  • Zack Maynard

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 160 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 679)

Yes: 30 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 518)

Yes: 97 • No: 0

Senate vote • 2/27/2026

Passed Senate (Roll No. 254)

Yes: 33 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026Senate

  2. To Governor 3/19/2026

    3/19/2026Senate

  3. House Message received

    3/14/2026Senate

  4. House amendment to Senate bill reported

    3/14/2026Senate

  5. Amendment to House amendment reported

    3/14/2026Senate

  6. Amendment to House amendment withdrawn by unanimous consent

    3/14/2026Senate

  7. Motion to table bill adopted (voice vote)

    3/14/2026Senate

  8. Unanimous consent to remove bill from table

    3/14/2026Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 679)

    3/14/2026Senate

  10. Communicated to House

    3/14/2026Senate

  11. Completed legislative action

    3/14/2026Senate

  12. To Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  13. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  14. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  15. On 3rd reading, Special Calendar

    3/13/2026House

  16. Read 3rd time

    3/13/2026House

  17. Amendment reported by the Clerk

    3/13/2026House

  18. Amendment adopted (Voice vote)

    3/13/2026House

  19. Amended on 3rd reading

    3/13/2026House

  20. Passed House (Roll No. 518)

    3/13/2026House

  21. Title amendment adopted (Voice vote)

    3/13/2026House

  22. Communicated to Senate

    3/13/2026House

  23. On 2nd reading, Special Calendar

    3/12/2026House

  24. Read 2nd time

    3/12/2026House

  25. Amendment reported by the Clerk

    3/12/2026House

Bill Text

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