What is the legal definition of a sexual offense or an attempted sexual offense?
For the purpose of getting a personal safety order, the abuser would have to commit or attempt to commit one of following sexual offenses:
- indecent exposure;
- incest;
- distribution and display to minor of obscene matter;
- use of obscene matter with intent to seduce minor;
- employment or use of minor to produce obscene matter or assist in doing sexually explicit conduct;
- sexual assault in the first degree;
- sexual assault in the second degree;
- sexual assault in the third degree;
- sexual abuse in the first degree;
- sexual abuse in the second degree;
- sexual abuse in the third degree;
- use of minors in filming sexually explicit conduct prohibited;
- distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited;
- female genital mutilation;
- sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian, or custodian;
- sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian depicting a child engaged in sexually explicit conduct.1
1 W. Va. Code §§ 53-8-4(a)(1); 61-8-9; 61-8-12; 61-8a-2; 61-8a-4; 61-8a-5; 61-8b-3 through 61-8b-9; 61-8c-2; 61-8c-3; 61-8d-3a; 61-8d-5; 61-8d-6