The Age of Consent
W. Va. Code § 61-8B-2 — sixteen, and a felony when the older person is four years older
A person less than sixteen years old is deemed incapable of consent. A person 16 or older who has sexual intercourse or intrusion with someone less than 16 who is at least four years younger commits sexual assault in the third degree.
Who handles this in West Virginia: West Virginia State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the West Virginia directory.
Third degree sexual assault is a felony. It carries two to 10 years in a state correctional facility, and a fine of up to $20,000 can be added.
Younger children, other degrees and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 61-8B-2 — Lack of consent
- W. Va. Code § 61-8B-5 — Sexual assault in the third degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.