61-8C-1 Definitions
61-8C-2 Use of minors in filming sexually explicit conduct prohibited; penalty
61-8C-3 Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty
61-8C-3a Prohibiting child erotica; penalties
61-8C-3b Prohibiting juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; creating exemptions; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof
61-8C-4 Payments of treatment costs for minor
61-8C-5 Limits on interviews of children eleven years old or less; evidence
61-8C-6 Legislative findings
61-8C-7 Items subject to forfeiture; persons authorized to seize property subject to forfeiture
61-8C-8 Procedures for seizure of forfeitable property
61-8C-9 Procedures for forfeiture
61-8C-10 Disposition of forfeited moneys, securities or other negotiable instruments; distribution of proceeds
61-8C-11 Disposition of other forfeited property; distribution of proceeds

Terms Used In West Virginia Code > Chapter 61 > Article 8C

  • answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • arrest: Taking physical custody of a person by lawful authority.
  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • felony: A crime carrying a penalty of more than a year in prison.
  • guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lien: A claim against real or personal property in satisfaction of a debt.
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • probable cause: A reasonable ground for belief that the offender violated a specific law.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • 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
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.