In West Virginia, the age of consent for sexual conduct is 16. The age of consent is gender neutral and applies the same to both heterosexual and homosexual conduct.

Like most other states, West Virginia has provisions which allow minors below the age of consent to engage in sexual conduct with partners who are close to the same age. A person aged 11 can consent to sex with anyone aged under 14. Minors 12 or older can consent to sex with a person who is no more than 4 years older.

In West Virginia, if a person who is older than 14 has sex with a person aged 11 or under, he or she can be punished by 15 to 35 years in prison. If a person aged 16 or older has sex with someone under 16, and is more than 4 years older than the victim, the offender could face 1 to 5 years in prison.

Do I Need a Lawyer?

If you believe you may be liable for violating age of consent laws, you should contact a West Virginia lawyer immediately. A LegalMatch criminal defense attorney will be able to explain your rights and represent you in the event of prosecution.