Can my stepson be tried as an adult for molesting his 7 year old sister?

04/12/2007 - Category:Criminal - child molestation - State: WV #3011

Full Question:

15 year old stepson molested his sister when she was 7 years old. We just found out. What are his chances of prison time and can he be tried as an adult since he is now 19 years old?

Answer:

There is no time limit for prosecuting felony sex offense cases in WV.

The following are WV statutes:

§ 61-8B-5. Sexual assault in the third degree.
(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.
(1976, c. 43; 1984, c. 56; 2000, c. 85.)
§ 61-8B-4. Sexual assault in the second degree.
(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 one thousand dollars nor more than ten thousand dollars and imprisoned in the penitentiary not less than ten nor more than twenty-five years.
(1976, c. 43; 1984, c. 56; 1991, c. 41.)
§ 61-8B-3. Sexual assault in the first degree. **Update Notice: This Section has been amended by CHAPTER 15 OF 2006 (1st Ex. Sess.), 77TH LEGISLATIVE SESSION
(a) A person is guilty of sexual assault in the first degree when:
(1) The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:
(i) Inflicts serious bodily injury upon anyone; or
(ii) 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 eleven years old or less and is not married to that person.
(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 fifteen nor more than thirty-five years, or fined not less than one thousand dollars nor more than ten thousand dollars and imprisoned in a state correctional facility not less than fifteen nor more than thirty-five years.
(1976, c. 43; 1984, c. 56; 1991, c. 41; 2000, c. 85.)
§ 61-8B-7. Sexual abuse in the first degree. **Update Notice: This Section has been amended by CHAPTER 15 OF 2006 (1st Ex. Sess.), 77TH LEGISLATIVE SESSION
(a) 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 eleven years old or less.
(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 one year nor more than five years, or fined not more than ten thousand dollars and imprisoned in the penitentiary not less than one year nor more than five years.
(1976, c. 43; 1984, c. 56.)
§ 61-8B-8. Sexual abuse in the second degree.
(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated.
(b) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than twelve months, or fined not more than five hundred dollars and confined in the county jail not more than twelve months.
(1976, c. 43; 1984, c. 56.)
§ 61-8B-9. Sexual abuse in the third degree.
(a) A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent, when such lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than sixteen years old; or
(2) The defendant was less than four years older than the victim.
(c) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than ninety days, or fined not more than five hundred dollars and confined in the county jail not more than ninety days.
(1976, c. 43; 1984, c. 56.)


Please see the information at the following links:

http://www.wfbmlaw.com/PracticeAreas/Sexual-Abuse.asp
http://www.ncsl.org/programs/cj/limitations.htm

04/12/2007 - Category: child molestation - State: WV #3011

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