West Virginia Code 61-14-5 – Sexual servitude; penalties
(a) Any person who knowingly uses coercion to compel an adult to engage in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than fifteen years, fined not more than $200,000, or both imprisoned and fined.
Terms Used In West Virginia Code 61-14-5
- Adult: means an individual 18 years of age or older. See West Virginia Code 61-14-1
- Coercion: means :
(A) The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual. See West Virginia Code 61-14-1
- Commercial sexual activity: means sexual activity for which anything of value is given to, promised to, or received by a person. See West Virginia Code 61-14-1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Minor: means a person younger than 18 years of age or a person representing himself or herself to be a minor. See West Virginia Code 61-14-1
- Person: means an individual, estate, business or nonprofit entity, or other legal entity. See West Virginia Code 61-14-1
- Sexual activity: means sexual contact, sexual intercourse, or sexual intrusion, as defined in §. See West Virginia Code 61-14-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) Any person who knowingly maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than ten nor more than twenty years, fined not more than $300,000, or both imprisoned and fined.
(c) It is not a defense in a prosecution under subsection (b) of this section that the minor consented to engage in commercial sexual activity, or that the defendant believed the minor was an adult.