(a) Any person who knowingly patronizes another in commercial sexual activity and who knows that such person patronized is a victim of sexual servitude, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years, fined not more than $100,000, or both imprisoned and fined.

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Terms Used In West Virginia Code 61-14-6

  • 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.
  • 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
  • Sexual servitude: means :

    (A) Maintaining or making available a minor for the purpose of engaging the minor in commercial sexual activity. 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
  • Victim: means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted. See West Virginia Code 61-14-1

(b) Notwithstanding the provisions of subsection (a) of this section, any person who knowingly patronizes a minor to engage in commercial sexual activity and who knows or has reason to know that said minor is a victim of sexual servitude, 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 $300,000, or both imprisoned and fined.