West Virginia Code 61-14-7 – General provisions and other penalties
(a) Separate violations. — For purposes of this article, each adult or minor victim constitutes a separate offense.
Terms Used In West Virginia Code 61-14-7
- Adult: means an individual 18 years of age or older. See West Virginia Code 61-14-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Person: means an individual, estate, business or nonprofit entity, or other legal entity. See West Virginia Code 61-14-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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) Aggravating circumstance. —
(1) Notwithstanding any provision of this code to the contrary, if an individual is convicted of an offense under this article and the trier of fact makes a finding that the offense involved an aggravating circumstance, the individual shall not be eligible for parole before serving three years in a state correctional facility.
(2) For purposes of this subsection, “aggravating circumstance” means the individual recruited, enticed or obtained the victim of the offense from a shelter or facility that serves runaway youths, children in foster care, the homeless or victims of human trafficking, domestic violence or sexual assault.
(c) Restitution. —
(1) The court shall order a person convicted of an offense under this article to pay restitution to the victim of the offense.
(2) A judgment order for restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action in accordance with section four, article eleven-a of this chapter, including filing a lien against the person, firm or corporation against whom restitution is ordered.
(3) The court shall order restitution under subdivision (1) of this subsection even if the victim is unavailable to accept payment of restitution.
(4) If the victim does not claim restitution ordered under subdivision (1) of this subsection within five years of the entry of the order, the restitution shall be paid to the Crime Victims Compensation Fund created under section four, article two-a, chapter fourteen of this code.
(d) Eligibility for Compensation Fund. — Notwithstanding the definition of victim in section three, article two-a, chapter fourteen of this code, a victim of any offense under this article is a victim for all purposes of article two-a, chapter fourteen of this code: Provided, That for purposes of subsection (b), section fourteen, article two-a, chapter fourteen of this code, if otherwise qualified, a victim of any offense under this article may not be denied eligibility solely for the failure to report to law enforcement within the designated time frame.
(e) Law Enforcement Notification. — Should a law-enforcement officer encounter a child who reasonably appears to be a victim of an offense under this article, the officer shall notify the Department of Health and Human Resources. If available, the Department of Health and Human Resources may notify the Domestic Violence Program serving the area where the child is found.
(f) Forfeiture; Debarment. –
(1) The following are declared to be contraband and no person shall have a property interest in them:
(A) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this article; and
(B) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this article.
(2) In any action under this section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.
(3) Forfeiture actions under this section shall use the procedure set forth in article seven, chapter sixty-a of this code.
(4) Any person or business entity convicted of a violation of this article shall be debarred from state or local government contracts.