Laws Pertaining to Sexting in the State of West Virginia

In the State of West Virginia anyone (including a minor) STATE 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.

Legislative Summary

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.

sobering reality

Up to 2 years in jail.

Up to $2,000 in fines.

Register as a sex offender.

Latest News Concerning Sexting in West Virginia

‘Sexting’ Questions Cause for Concern

The Intelligencer | February 2, 2012

Janito pleads guilty in Wetzel County sexting case

West Virginia Gazette | November 10, 2011

ICAC Joins Marshal Service to Fight Crime

WDTV 5 CBS | May 10, 2011

Janitor, student 'sexting' in Wetzel Count

Charleston Gazette | March 6, 2011

The information contained herein is intended only as a reference to the subject matter covered and the contents herein are not to be relied on as legal advice or legal opinion. Please contact your legal advisor for any legal advice or legal opinions. Furthermore, the content and information on this page is copyrighted material to the extent such material is not an excerpt from the law itself. Any use or reproduction of such material is strictly prohibited without the expressly written approval of Parental Solutions LLC. If you are a member of the media and wish to discuss the content contained herein or otherwise on the Mobile Media Guard website, please feel free to contact us to schedule a call.