A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.

The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In West Virginia, the criminal offense of sexual assault of a child is addressed under the state's sexual offense statutes. The state defines various degrees of sexual assault, with first-degree sexual assault involving sexual intercourse or sexual intrusion with a victim who is less than 12 years old, or who is physically helpless or mentally incapacitated, as a felony. The law does not require the perpetrator to know the age of the child for the act to be considered criminal. West Virginia Code §61-8B-3 outlines the provisions for first-degree sexual assault, while other sections detail additional degrees and related offenses. Penalties for these crimes are severe and can include lengthy prison sentences. It is important for individuals to understand that any sexual act with a child, as described in the scenarios above, is a serious criminal offense in West Virginia and is prosecuted accordingly.