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Legal Information: West Virginia

Restraining Orders

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Updated: 
April 1, 2024

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