West Virginia Child Abuse Laws

• A parent or guardian knowingly or intentionally inflicting or allowing another to inflict physical, mental, or emotional injury on a child in the home
• Physical injury from excessive corporal punishment
• Negligent treatment
• Sexual abuse or exploitation of a child
• Sale or attempted sale of a child
• Domestic violence
• Any circumstances which harm or threaten the health and welfare of the child

Many child abuse-related actions are crimes with serious criminal penalties in West Virginia, including:

• Death of a child by intentionally physical abuse, both the killer and the parent who allows the abuse can be charged
• Child neglect resulting in death
• Causing or allowing a child to be physical injured
• Child neglect that results in bodily injuries
• Sexual abuse by a parent, guardian, or person in a position of trust with the child
• Female genital mutilation or circumcision
• Giving false information to medical professionals about a child’s injury

• Death of a child by child abuse is sentenced to 10-40 years in prison
• Death by child neglect can result in 3-15 years in prison and a fine of $1,000 to $5,000
• Child physical abuse or neglect resulting in injuries is punished by 1-10 years in prison and a $100 to $5,000 fine, depending on the severity of injuries
  • With no prior child abuse convictions, it can be a misdemeanor with as little as 30 days in jail and being required to complete parenting classes, drug treatment, or other services
• Child sexual abuse is 5 to 20 years in prison and a fine of $500 to $10,000 depending on the specifics
  • A person authorizing sexual abuse of a child under 16 can get 1 to 5 years in prison
• Lying to health care providers about a child’s injuries could get you a $100 to $1,000 fine and at most one year in jail

You could also have your child removed from your home to keep the child safe.

• Medical, dental, or mental health professionals
• Religious healers or Christian Science practitioners
• Clergy
• School and child care teachers or staff
• Social workers
• EMTs, cops, judges, magistrates, and juvenile justice employees
• Youth camp staff, coaches, or volunteers at kids’ organizations

It’s also mandatory upon everyone over 18 to report suspected or observed sexual abuse to police or DHS within 48 hours.