WEST VIRGINIA : Rape/Molestation Statutes of Limitation
A person is guilty of sexual assault in the first degree when:
1. Inflicts serious bodily injury upon anyone; or
a. Inflicts serious bodily injury upon anyone; or
b. Employs a deadly weapon in the commission of the act; or
2. The person, being fourteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than twelve years old and is not married to that person.
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.
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.
A person is guilty of sexual abuse in the first degree when:
1. Such person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or
2. Such person subjects another person to sexual contact who is physically helpless; or
3. Such person, being fourteen years old or more, subjects another person to sexual contact who is younger than twelve years old.
There is no statute of limitations for the prosecution of felony sex offenses in West Virginia.
Bob sexually assaults Jane. Because of the nature of his crime, there is no limit of time within which Bob must be tried and convicted; charges can be brought against him at any time.
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