Sexual assault- third degree - West Virginia Sexual Assault Laws

In West Virginia, the criminal charge of Sexual assault- third degree is classified as a Felony.

Sexual assault- third degree Crime & Punishment in West Virginia :

The West Virginia code § 61-8B-5 defines one degrees of the crime sexual assault- third degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Sexual assault- third degree - Charge Description Punishment
  • The offender, 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.
  • The offender engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated.
1-5 years in in a state correctional facility, and/or a maximum fine of $5,000

Sexual assault- third degree defined in other states :

Sexual assault- third degree is a charge in a total of eight other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Alaska Class C felony Not more than 5 years; presumptive term of 2 years for 2nd, felony, 3 years for 3rd
Arkansas Class C felony 3-10 years; up to $10,000 fine
Connecticut Class C felony ; Class D felony 1 to 10 years in prison, maximum fine of $10,000; 1 to 5 years in prison, a maximum fine of $5,000
Hawaii Class C felony Up to 5 years in jail
Nebraska Second degree and Class III felony; Third degree and Class I misdemeanor Between 20 and 1 years of imprisonment, or twenty-five thousand dollars fine, or both; Up to one year; $1,000 fine
Rhode Island Felony
Wisconsin Class G felony Maximum of 10 years in prison, and/or a maximum fine of $25,000
Wyoming Felony Maximum of 15 years in prison

Back to list of West Virginia laws

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