Sexual abuse of a child is generally defined as physical contact or other interaction between a child (under age 17, for example) and an adult when the child is being used for the sexual stimulation or pleasure of the perpetrator or another person. In addition to physical contact, sexual abuse of a child may include (1) the exposure of the genitals of an adult in the presence of a child, (2) the exposure of the genitals of a child, (3) using a child in making pornography, or (4) making a child view sexual acts or pornography.
And in some states multiple instances of sexual contact between an adult and a child may constitute the enhanced criminal offense of continual sexual abuse of a child—which is sometimes a first-degree felony offense.
In West Virginia, sexual abuse of a child is addressed under various statutes that criminalize sexual conduct with minors. According to West Virginia Code §61-8D-1 et seq., sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child is a felony, and the law specifically prohibits sexual contact, sexual intercourse, and sexual intrusion with a minor. The law also criminalizes the creation, distribution, or display of obscene matter with intent to seduce a minor, as well as the use of minors in filming sexually explicit conduct (WV Code §61-8C-1 et seq.). The exposure of an adult's genitals to a child, or vice versa, can be prosecuted under the state's indecent exposure laws. West Virginia does not have a specific statute for continual sexual abuse of a child as some other states do, but repeated offenses can lead to multiple charges and enhanced penalties, including the possibility of life imprisonment for certain first-degree sexual abuse offenses. It is important for individuals facing such serious allegations to consult with an attorney who is knowledgeable in West Virginia's criminal laws regarding sexual offenses against children.