This bill aims to amend the existing law on incest in West Virginia by expanding the definitions of certain relatives involved in the crime. Specifically, it introduces new definitions for "aunt" and "uncle" to include not only biological relationships but also those by marriage, such as the wife of a person's uncle or aunt and the husband of a person's uncle or aunt. Additionally, the definitions for "niece" and "nephew" are also expanded to encompass the spouses of a person's siblings. These changes are intended to ensure that the law covers a broader range of familial relationships, including those in same-sex marriages.

The bill maintains the existing penalties for committing incest, which include felony charges with imprisonment ranging from 5 to 15 years and fines between $500 and $5,000. It also stipulates that if the victim is a minor, the convicted individual may be required to cover the costs of medical or psychological treatment for the victim. Furthermore, if the offender has custodial or parental rights to the child victim, the court is mandated to classify the individual as an abusing parent, triggering additional legal consequences. Overall, the bill seeks to modernize and clarify the legal framework surrounding incest in West Virginia.

Statutes affected:
Introduced Version: 61-8-12