W. Va. Code » §61-2-8. Abortion; penalty.
West Virginia Code

W. Va. Code § 61-2-8 (2026)

Abortion; penalty

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

§61-2-8. Abortion; penalty.

(a) Any person other than a licensed medical professional, as defined in §16-2R-2 of this code, who knowingly and willfully performs, induces, or attempts to perform or induce an abortion, as defined in §16-2R-2 of this code, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three nor more than 10 years.

(b) A person who was formerly a licensed medical professional, as defined in §16-2R-2 of this code and whose license has been revoked pursuant to the provisions of §16-2R-7 of this code, and who knowingly and willfully performs, induces, or attempts to perform or induce a subsequent abortion, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three nor more than 10 years.

(c) This section shall not be construed to subject any pregnant female upon whom an abortion is performed or induced or attempted to be performed or induced to a criminal penalty for any violation of this section as a principal, accessory, accomplice, conspirator, or aider and abettor.

(d) The amendments to this section enacted during the third extraordinary session of the Legislature, 2022, shall be effective 90 days from passage.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1973–2023 · leading case: Roe v. Wade, 410 U.S. 113 (1973).
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Roe v. Wade, 410 U.S. 113 (1973). · cites it 2× “13, § 101 (1958); W. Va. Code Ann. § 61-2-8 (1966); Wis. Stat.”
GenBioPro, Inc. v. Raynes (S.D.W. Va 2023). · cites it 2× “Code § 61-2-8 (a), (b). Prior to the decision in Dobbs and the passage of the UCPA, West Virginia had provisions in place which Plaintiff asserts greatly limited the prescription and sale of mifepristone.”
GenBioPro, Inc. v. Raynes (S.D.W. Va 2023). · cites it 2× “” W. Va. Code § 61-2-8 (a), (b). 1 410 U.S.”
W. Va. Code § 61-2-8(a): 1 case
GenBioPro, Inc. v. Raynes (S.D.W. Va 2023). “Code § 61-2-8 (a), (b). Prior to the decision in Dobbs and the passage of the UCPA, West Virginia had provisions in place which Plaintiff asserts greatly limited the prescription and sale of mifepristone.”
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