West Virginia Child Pornography Laws

Code Section

What's Prohibited?

Producing Child Pornography:

• Causing or knowingly permitting, using, persuading, inducing, enticing, or encouraging a minor to engage in any sexually explicit conduct if the offender knows that the act is being photographed or filmed
• Photographing or filming a minor engaging in sexually explicit conduct, or
• Parents, guardians, or people who have custody of a minor (1) photographing or filming the minor in any sexually explicit conduct or (2) causing or knowingly permitting, using, persuading, inducing, enticing, or coercing the minor to engage in a sexually explicit act that the offender knows is being photographed or filmed

Distributing & Possessing Child Pornography:

• Knowingly and willfully, sending, distributing, exhibiting, possessing, displaying, or transporting any material that depicts a minor engaging in sexually explicit conduct

A minor is any child under 18 years old.

Definition of "Sexually Explicit Conduct"

• Genital to genital intercourse
• Fellatio
• Cunnilingus
• Anal intercourse
• Oral to anal intercourse
• Bestiality, or
• Masturbation

Penalties

Producing Child Pornography: Felony.

• Punishable by a fine of up to $10,000, and/or imprisonment for up to 10 years.

Distributing & Possessing Child Pornography: Felony.

• If the crime involves 50 or fewer images: Punishable by a fine of up to $2,000, and/or imprisonment for up to two years.
• If the crime involves 50 to 600 images: Punishable by a fine of up to $5,000, and/or imprisonment for between two and 10 years.
• If the crime involves 600 or more images: Punishable by a fine of up to $25,000, and/or imprisonment for between five and 15 years.
• If the images depict violence against a child or a child engaging in bestiality: Punishable by a fine of up to $25,000, and/or imprisonment for between five and 15 years.
• Each video lasting five minutes or less will constitute 75 images. Videos lasting longer than five minutes will constitute 75 images for every two minutes in excess of five minutes.