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West Virginia Code Chapter 61. Crimes and Their Punishment § 61-8B-5. Sexual assault in the third degree

Current as of January 01, 2024 | Updated by Findlaw Staff

(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 sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to 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 ten thousand dollars and imprisoned in a state correctional facility not less than one year nor more than five years.

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Cite this article: FindLaw.com - West Virginia Code Chapter 61. Crimes and Their Punishment § 61-8B-5. Sexual assault in the third degree - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-61-crimes-and-their-punishment/wv-code-sect-61-8b-5/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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