Laws Pertaining to Sexting in the State of West Virginia
In the State of West Virginia anyone (including a minor) who creates, distributes or possesses an image of minor engaged in a sexually explicit act ay be prosecuted under the State’s child pornography laws and if convicted, will generally serve jail time and will need to register as a sex offender.
West Virginia does not have a separate statute to address sexting. Therefore, anyone who is caught sending or receiving images of minors engaged in a sexual act can be prosecuted under the child pornography statute. A conviction under the child pornography statute could result in jail time as well as registration as a sex offender.
Law and Punishment
In general, under West Virginia child pornography law:
- Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony.
- If convicted the offender shall be imprisoned in the penitentiary not more than 2 years, and fined not more than $2,000.
Up to 2 years in jail.
Up to $2,000 in fines.
Register as a sex offender.
Latest News Concerning Sexting in West Virginia
NBC 4 | June 28, 2012
The Intelligencer | February 2, 2012
West Virginia Gazette | November 10, 2011
Kingstown Patch | May 31, 2011
WDTV 5 CBS | May 10, 2011
Frederick News Post | April 1, 2011
Charleston Gazette | March 6, 2011
The Charleston Gazette | July 6, 2010
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