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In West Virginia, it is illegal for an adult (someone 18 or older) to have sex with a minor who is younger than 18, even if the sex is consensual.

Sexual assault in the first degree includes intercourse between a victim younger than 12 years old and a defendant who was at least 14 years old (and four or more years older than the victim) at the time of the crime.

Penalties include at least 35 (and up to 100) years in prison, a fine of at least $5,000 (and up to $25,000), or both.

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Penalties increase when the defendant was 18 or older. Code ยง 61-8B-3, 61-8B-5, 61-8B-7, & 61-8B-9.) West Virginia has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married.