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W. Va. Code § 61-8B-4

Sexual assault in the second degree

West Virginia · West Virginia Code Chapter 61 — Crimes and Their Punishment · Status: effective

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W. Va. Code § 61-8B-4, Sexual assault in the second degree, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2392709
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(a) A person is guilty of sexual assault in the second degree when: (1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or (2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless. (b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty-five years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years.