W. Va. Code » §61-2-30. Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person.
West Virginia Code

W. Va. Code § 61-2-30 (2026)

Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person

✓ current as of May 2026
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ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-30. Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person.

(a) This section may be known and cited as the Unborn Victims of Violence Act.

(b) For the purposes of this article, the following definitions shall apply: Provided, That these definitions only apply for purposes of prosecution of unlawful acts under this section and may not otherwise be used: (i) To create or to imply that a civil cause of action exists; or (ii) for purposes of argument in a civil cause of action, unless there has been a criminal conviction under this section.

(1) "Embryo" means the developing human in its early stages. The embryonic period commences at fertilization and continues to the end of the embryonic period and the beginning of the fetal period, which occurs eight weeks after fertilization or 10 weeks after the onset of the last menstrual period.

(2) "Fetus" means a developing human that has ended the embryonic period and thereafter continues to develop and mature until termination of the pregnancy or birth.

(c) For purposes of enforcing the provisions of §20-7-18a, §61-2-1, §61-2-4, §61-2-7, §61-2-9(a), §61-2-9(c), §61-2-10, §61-2-10b, §61-2-28(a), and §17C-5-1, §17C-5-2(b), or §17C-5-2(c) of this code, a pregnant woman and the embryo or fetus she is carrying in the womb constitute separate and distinct victims.

(d) Exceptions. — The provisions of this section do not apply to:

(1) Acts committed during a legal abortion to which the pregnant woman, or a person authorized by law to act on her behalf, consented or for which the consent is implied by law;

(2) Acts or omissions by medical or health care personnel during or as a result of medical or health-related treatment or services, including, but not limited to, medical care, abortion, diagnostic testing or fertility treatment;

(3) Acts or omissions by medical or health care personnel or scientific research personnel in performing lawful procedures involving embryos that are not in a stage of gestation in utero;

(4) Acts involving the use of force in lawful defense of self or another, but not an embryo or fetus; and

(5) Acts or omissions of a pregnant woman with respect to the embryo or fetus she is carrying.

(e) For purposes of the enforcement of the provisions of this section, a violation of the provisions of Chapter 16, Article 2I of this code shall not serve as a waiver of the protection afforded by the provisions of subdivision (1), subsection (d) of this section.

(f) Other convictions not barred. — A prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant arising from the same incident.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2010–2024 · leading case: State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016).
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State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016). · cites it 36× “For instance, in 2005, the Legislature passed the Unborn Victims of Violence Act, W.Va. Code § 61-2-30 [2005]. The Unborn Victims of Violence Act defines a “fetus” as “a developing human that has ended the embryonic period and thereafter continues to develop and mature until…”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “060 (1) (b) (West 2009) (designating as first degree manslaughter unlawful and intentional killing of unborn quick child by infliction of injury on mother of such child); W. Va. Code Ann. § 61-2-30 (LexisNexis 2005) (recognizing embryo or fetus as distinct victim for purposes of…”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2010); W. Va.Code Ann. § 61-2-30 (2010); Wis. Stat.”
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016). “-12 (1984) (holding that the murder statute did not authorize prosecution for killing a viable unborn child, even though a wrongful death cause of action could exist, because the wrongful death act is a remedial statute which is construed liberally whereas the legislature, not…”
Marwan F. Saleh, M.D. v. Angie Damron (W. Va. 2019). · cites it 8× “Code § 16 - 2M-2 (LexisNexis 2016); W. Va. Code § 61-2-30 (LexisNexis 2014). Both of the foregoing statutes expressly require the fetus or embryo to be either “in the uterus” or “in the womb.”
Marwan F. Saleh, M.D. v. Angie Damron (W. Va. 2019). · cites it 8× “See W. Va. Code § 61-2-30 (2005). However, that Act clearly states: “‘Embryo’ means the developing human in its early stages.”
State of West Virginia v. Stephanie Elaine Louk (W. Va. 2016). · cites it 6× “Code § 61 -8D-4a but her same conduct would be exonerated by W. Va. Code § 61-2-30 (d)(5). That W. Va.”
State of West Virginia v. Joshua McWhorter (W. Va. 2020). · cites it 6× “W. Va. Code § 61-2-30 (c). 3 Rule 404(b) provides that “[e]vidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.”
State of West Virginia v. Stephanie Elaine Louk (W. Va. 2016). “The Act governs prosecution of persons who injure or cause the death of unborn children by committing certain violent crimes set forth in Chapter 61, Article 2 of the West Virginia Code.”
James DeGasperin v. Shelby Searls, Superintendent, Huttonsville Corr. Ctr. (W. Va. 2024). “d to provide specific evidence in support of each ground raised, (2) failing to set forth findings of fact and conclusions of law on each ground raised, (3) denying relief on his claim of newly discovered evidence, (4) denying relief on his ineffective assistance of trial…”
W. Va. Code § 61-2-30(b)(2): 1 case
State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016). “For instance, in 2005, the Legislature passed the Unborn Victims of Violence Act, W.Va. Code § 61-2-30 [2005]. The Unborn Victims of Violence Act defines a “fetus” as “a developing human that has ended the embryonic period and thereafter continues to develop and mature until…”
W. Va. Code § 61-2-30(c): 1 case
State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016). “For instance, in 2005, the Legislature passed the Unborn Victims of Violence Act, W.Va. Code § 61-2-30 [2005]. The Unborn Victims of Violence Act defines a “fetus” as “a developing human that has ended the embryonic period and thereafter continues to develop and mature until…”
W. Va. Code § 61-2-30(d)(5): 1 case
State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016). “For instance, in 2005, the Legislature passed the Unborn Victims of Violence Act, W.Va. Code § 61-2-30 [2005]. The Unborn Victims of Violence Act defines a “fetus” as “a developing human that has ended the embryonic period and thereafter continues to develop and mature until…”
W. Va. Code § 61-2-30(e): 1 case
State of West Virginia v. Stephanie Elaine Louk, 786 S.E.2d 219 (W. Va. 2016). “For instance, in 2005, the Legislature passed the Unborn Victims of Violence Act, W.Va. Code § 61-2-30 [2005]. The Unborn Victims of Violence Act defines a “fetus” as “a developing human that has ended the embryonic period and thereafter continues to develop and mature until…”
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