West Virginia Code 61-8B-4 – Sexual assault in the second degree
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(a) A person is guilty of sexual assault in the second degree when:
Terms Used In West Virginia Code 61-8B-4
- Conviction: A judgement of guilt against a criminal defendant.
(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or
(2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.
(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty-five years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years.