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

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?
04/12/2007   |   Category: Criminal ยป child molest...   |   State: West Virginia   |   #3011

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.)

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