§61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal penalties.
(a) If a parent, guardian, custodian, or person in a position of trust in relation to a child abuses a child and by the abuse causes the child bodily injury as the term is defined in §61-8B-1 of this code, then the parent, guardian, custodian, or person in a position of trust in relation to the child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than 10 years, or in the discretion of the court, be confined in jail for not more than one year.
(b) If a parent, guardian, custodian, or person in a position of trust in relation to a child abuses a child and by the abuse causes the child serious bodily injury as the term is defined in §61-8B-1 of this code, then the parent, guardian, custodian, or person in position of trust is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than five nor more than 15 years.
(c) A parent, guardian, custodian, or person in a position of trust in relation to a child who abuses a child and by the abuse creates a substantial risk of death or serious bodily injury to the child, as serious bodily injury is defined in §61-8B-1 of this code, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 10 years.
(d)(1) If a parent, guardian, custodian, or person in a position of trust in relation to a child abuses a child and by the abuse creates a substantial risk of bodily injury, as bodily injury is defined in §61-8B-1 of this code, to the child, then the parent, guardian, custodian, or person in position of trust is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both.
(2) If a parent, guardian, custodian, or person in a position of trust to a child violates this subsection and has previously been convicted of violating this subsection, §61-8D-4(d) of this code, or a law of another state or the federal government with the same essential elements, then the parent, guardian, custodian, or person in a position of trust in relation to a child is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year nor more than five years.
(e) Any person convicted of a second or subsequent felony offense under this section, who was previously convicted of a felony offense under this section, §61-8D-4, or a law of another state or the federal government with the same essential elements of a felony offense contained within either section, may be imprisoned for a term up to twice the term otherwise authorized.
(f) Any person convicted of a misdemeanor offense under this section:
(1) May be required to complete parenting classes, substance abuse counseling, anger management counseling, or other appropriate services, or any combination thereof, as determined by Department of Human Services through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;
(2) May not be required to register pursuant to §15-13-1 et seq. of this code; and
(3) May not, solely by virtue of the conviction, have his or her custody, visitation or parental rights automatically restricted.
(g) This section does not preclude a parent, guardian, or custodian from providing reasonable discipline to a child.
Notes of Decisions
Cited in
31
cases (
5 in the last 5 years), 1996–2024 · leading case:
State v. Snodgrass, 535 S.E.2d 475 (W. Va. 2000).
State v. Snodgrass, 535 S.E.2d 475 (W. Va. 2000).
· cites it 8× “However, for the purpose of providing guidance to the circuit court upon remand, we feel compelled to examine the parties’ arguments with respect to the meaning of W.Va.Code § 61-8D-3(c) (1996). This statute provides that, Any person who abuses a child and by the abuse creates a…”
State v. Wyatt, 482 S.E.2d 147 (W. Va. 1996).
· cites it 2× “We address the subject of BWS only with respect to the elements of maliciously and intentionally causing the death of a child, under W.Va.Code § 61-8D-2(a) or causing the death of a child by knowingly allowing another to maliciously and intentionally deny the necessities…”
State of West Virginia v. Rebecca F., 758 S.E.2d 558 (W. Va. 2014).
· cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND In February 2011, a Berkeley County Grand Jury indicted the defendant on eleven counts of child abuse with bodily injury in violation of W.Va.Code § 61-8D-3(a) [1996], and eight counts of identity theft in violation of W.”
State v. Jackson, 597 S.E.2d 321 (W. Va. 2004).
· cites it 3× “Discussion The Appellant premises this appeal upon his contention that the phrase “substantial injury” is inadequately defined by the statute governing this matter, West Virginia Code § 61-8D-3. The State correctly emphasizes, however, that the phrase “substantial injury,” of…”
In re Sims, 523 S.E.2d 273 (W. Va. 1999).
“In late January 1996 or early February 1996, the Respondent committed child abuse in violation of West Virginia Code § 61-8D-3. The victim was the Respondent’s infant son, Czar Ian-Hendry Bailey.”
State of West Virginia v. Shelby C. (W. Va. 2019).
· cites it 6× “Nevertheless, the indictment included a timeframe, thereby precluding subsequent indictment on the same material facts contained in the original indictment.”
State of West Virginia v. Billy W. (W. Va. 2017).
· cites it 4× “Petitioner relies, in particular, upon the statute’s title, “Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee,” which petitioner contends makes no reference to offenses strictly involving child abuse.”
State of West Virginia v. Kevin Richard Helms (W. Va. 2017).
· cites it 3× “In January of 2015, petitioner was on indicted on three counts of child abuse resulting in injury, in violation of West Virginia Code § 61-8D-3(a); one count of malicious assault, in violation of West Virginia Code § 61-2-9; and two counts of failure to report child abuse, in…”
State of West Virginia v. Crystal W. (W. Va. 2020).
· cites it 2× “” In October of 2015, the grand jury returned an indictment against petitioner for child abuse resulting in serious bodily injury, in violation of West Virginia Code § 61-8D-3(b).2 Over the course of the next year, several different attorneys were appointed to represent…”
State of West Virginia v. L.M.C. (W. Va. 2020).
· cites it 2× “harges: (1) murder of a child by parent, guardian, custodian, or other person by refusal or failure to provide necessities (in violation of West Virginia Code § 61-8D-2(a)); (2) death of a child by parent, guardian, custodian, or other person by child abuse (in violation of West…”
State of West Virginia v. Michael C. (W. Va. 2023).
· cites it 2× “6 West Virginia Code section 61-8D-3(b) provides, in relevant part, that “[i]f any parent, guardian or custodian shall abuse a child and by such abuse cause said child serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such…”
W. Va. Code § 61-8D-3(a): 13 cases
State of West Virginia v. Rebecca F., 758 S.E.2d 558 (W. Va. 2014).
“FACTUAL AND PROCEDURAL BACKGROUND In February 2011, a Berkeley County Grand Jury indicted the defendant on eleven counts of child abuse with bodily injury in violation of W.Va.Code § 61-8D-3(a) [1996], and eight counts of identity theft in violation of W.”
State of West Virginia v. Kevin Richard Helms (W. Va. 2017).
“In January of 2015, petitioner was on indicted on three counts of child abuse resulting in injury, in violation of West Virginia Code § 61-8D-3(a); one count of malicious assault, in violation of West Virginia Code § 61-2-9; and two counts of failure to report child abuse, in…”
State of West Virginia v. Shelby C. (W. Va. 2019).
“Nevertheless, the indictment included a timeframe, thereby precluding subsequent indictment on the same material facts contained in the original indictment.”
W. Va. Code § 61-8D-3(b): 9 cases
State of West Virginia v. Crystal W. (W. Va. 2020).
“” In October of 2015, the grand jury returned an indictment against petitioner for child abuse resulting in serious bodily injury, in violation of West Virginia Code § 61-8D-3(b).2 Over the course of the next year, several different attorneys were appointed to represent…”
State of West Virginia v. L.M.C. (W. Va. 2020).
“harges: (1) murder of a child by parent, guardian, custodian, or other person by refusal or failure to provide necessities (in violation of West Virginia Code § 61-8D-2(a)); (2) death of a child by parent, guardian, custodian, or other person by child abuse (in violation of West…”
State of West Virginia v. Michael C. (W. Va. 2023).
“6 West Virginia Code section 61-8D-3(b) provides, in relevant part, that “[i]f any parent, guardian or custodian shall abuse a child and by such abuse cause said child serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such…”
W. Va. Code § 61-8D-3(c): 3 cases
State v. Snodgrass, 535 S.E.2d 475 (W. Va. 2000).
“However, for the purpose of providing guidance to the circuit court upon remand, we feel compelled to examine the parties’ arguments with respect to the meaning of W.Va.Code § 61-8D-3(c) (1996). This statute provides that, Any person who abuses a child and by the abuse creates a…”
State of West Virginia v. Shelby C. (W. Va. 2019).
“Nevertheless, the indictment included a timeframe, thereby precluding subsequent indictment on the same material facts contained in the original indictment.”
W. Va. Code § 61-8D-3(e): 1 case
State v. Snodgrass, 535 S.E.2d 475 (W. Va. 2000).
“However, for the purpose of providing guidance to the circuit court upon remand, we feel compelled to examine the parties’ arguments with respect to the meaning of W.Va.Code § 61-8D-3(c) (1996). This statute provides that, Any person who abuses a child and by the abuse creates a…”
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