West Virginia’s Sex offender law mandates convicted sex offenders to register in the state. The law protects residents of the state by giving them access to information on registered sex offenders in West Virginia.
Convicted sex offenders in West Virginia must register with the local police in their county upon release from jail, parole or probation.
The state police notify residents whenever a sex offender moves into their neighborhood. Thus, the residents take precautionary measures to protect themselves and their kids from such persons.
West Virginia law does not restrict sex offenders from living or working anywhere. Except there is a special court order asking them to do so.
West Virginia State Police controls the state’s sex offenders registry. The registry manages all information on sex offenders in West Virginia. The registry verifies this information and ensures accuracy.
Residents of West Virginia can access this information through the registry’s official website. The information on the registry’s website gets daily update.
The registry does not guarantee that information on the website will always be accurate. Some offenders may change their details without informing the authorities.
Sexual assault in the first degree - W. VA. CODE ANN. § 61-8B-3 (West 2008).
Sexual assault in the second degree - W. VA. CODE ANN. § 61-8B-4 (West 2008).
Sexual assault in the third degree - W. VA. CODE ANN. § 61-8B-5 (West 2008).
Sexual abuse in the first degree - W. VA. CODE ANN. § 61-8B-7 (West 2008).
Sexual abuse in the second degree - W. VA. CODE ANN. § 61-8B-8 (West 2008).
Sexual abuse in the third degree - W. VA. CODE ANN. § 61-8B-9 (West 2008).
Imposition of sexual intercourse or sexual intrusion on incarcerated persons; penalties - W. VA. CODE ANN. § 61-8B-10 (West 2008).
Use of minors in filming sexually explicit conduct prohibited - W. VA. CODE ANN. § 61-8C-2 (West 2008).
Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct - W. VA. CODE ANN. § 61-8C-3 (West 2008).
The abduction of person; kidnapping or concealing child - W. VA. CODE ANN. § 61-2-14 (West 2008).
Detention of the person in place of prostitution - W. VA. CODE ANN. § 61-8-6 (West 2008).
Procuring for the house of prostitution - W. VA. CODE ANN. § 61-8-7 (West 2008).
Incest - W. VA. CODE ANN. § 61-8-12 (West 2008).
Any person who has been convicted of a criminal offense and the sentencing judge made a written finding that the offense was sexually motivated must also register.
Whether or not specifically stated, it is an element of every sexual offense that the sexual act was committed without the consent of the victim.
W. VA. CODE § 15-12-2 (West 2008)
The full name of the registrant, including any aliases, nicknames or other names used by the registrant;
The address where the registrant intends to reside or resides at the time of registration, the address of any habitable real property owned or leased by the registrant that he or she regularly visits:
The registrant's social security number;
A full-face photograph of the registrant at the time of registration;
A brief description of the crime or crimes for which the registrant was convicted;
Information related to any motor vehicle, trailer or motor home owned or regularly operated by a registrant, including vehicle makes, model, color and license plate number:
Information relating to any Internet accounts the registrant has and the screen names, user names or aliases the registrant uses on the internet; and
Information related to any telephone or electronic paging device numbers that the registrant has or uses, including, but not limited to, residential, work and mobile telephone numbers
(A) His or her sex;
(B) His or her age at the time of the offense; and
(C) The relationship between the victim and the perpetrator.
(f) For any person determined to be a sexually violent predator, the notice required by subsection (d) of this section must also include:
(1) Identifying factors, including physical characteristics; (2) History of the offense; and (3) Documentation of any treatment received for the mental abnormality or personality disorder.
Community Notification and Websites
W. VA. CODE § 15-12-2 (West 2008)
(h) The State Police shall maintain a central registry of all persons who register under this article and shall release information only as provided in this article. The information required to be made public by the State Police by subdivision (2), subsection (b), section five of this article is to be accessible through the Internet. No information relating to telephone or electronic paging device numbers a registrant has or uses may be released through the Internet.
W. VA. CODE § 15-12-5 (West 2008)
(a) Within five business days after receiving any notification as described in this article, the State Police shall distribute a copy of the notification statement to:
(1) The supervisor of each county and municipal law-enforcement office and any campus police department in the city and county where the registrant resides owns or leases habitable real property that he or she regularly visits, is employed or attends school or a training facility;
(2) The county superintendent of schools in each county where the registrant resides owns or leases habitable real property that he or she regularly visits, is employed or attends school or a training facility;
(3) The child protective services office charged with investigating allegations of child abuse or neglect in the county where the registrant resides owns or leases habitable real property that he or she regularly visits, is employed or attends school or a training facility;
(4) All community organizations or religious organizations which regularly provide services to youths in the county where the registrant resides owns or leases habitable real property that he or she regularly visits, is employed or attends school or a training facility;
(5) Individuals and organizations which provide day care services for youths or daycare, residential or respite care, or other supportive services for mentally or physically incapacitated or infirm persons in the county where the registrant resides, owns or leases habitable real property that he or she regularly visits, is employed or attends school or a training facility; and
(6) The Federal Bureau of Investigation (FBI).
(b)(2) The State Police shall maintain and make available to the public at least quarterly the list of all persons who are required to register for life according to the terms of subdivision (2), subsection (a), section four of this article.
No information concerning the identity of a victim of an offense requiring registration or telephone or electronic paging device numbers a registrant has or uses may be released with this list. The method of publication and access to this list are to be determined by the superintendent;
Limitations on Residency or Employment
W. VA. CODE § 15-12-4 (West 2008)
(a)(1) 10 years for persons not subject to lifetime registration.
(a)(2) Life for persons:
With 1 or more prior convictions for a registrable offense;
Convicted of a registrable offense against multiple victims or multiple violations of the same offense;
That has been deemed sexually violent predators;
Convicted of a sexually violent offense; or
Convicted of a registrable offense against a minor.
Immediately upon release; 30 days of moving into the state; 10 days of changing the address
Most people think sexual predators are scary-looking and creepy. But three out of four adolescents who were sexually assaulted were victimized by someone they knew well.
Most of the time, sexual predators look like regular people. Children and parents need to know and to understand that anyone can be a sexual predator, no matter how "normal" they appear.
It isn't always easy to build a trusting relationship with your child. Trying to get your children to share what is going on in their lives can be difficult.
Building an open and welcoming environment from the beginning stages of a child's life is essential. Children are less intimidated and more likely to discuss issues and topics in their lives with an open and supportive environment.
Getting your kids to share serves as a building block for times when your child needs to discuss pressing issues like sex and sexual abuse.
KidsLiveSafe put together a comprehensive parents guide about sexual predators and keeping children safe. This free online eBook includes vital statistics, how to tell if a predator is victimizing a child, and social media and cyber-bullying.