State Guide
Age of Consent in West Virginia
A plain-English guide to the age of consent in West Virginia, cited to W. Va. Code §§ 61-8B-5 and 61-8B-9. A genuine close-in-age allowance applies to both intercourse and contact, at the same four-year threshold.
Close-in-age allowance under 4 yearsWest Virginia at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statutes | W. Va. Code § 61-8B-5 (intercourse), § 61-8B-9 (contact) |
| Close-in-age mechanism | Not covered, or complete defense, if gap is under 4 years |
| Additional defense, contact only | Defendant themselves under 16 |
| Related offense | Sexual abuse, first degree — W. Va. Code § 61-8B-7 (victim under 12) |
Overview
West Virginia sets its age of consent at 16. W. Va. Code Section 61-8B-5, sexual assault in the third degree, covers sexual intercourse or intrusion where the offender is 16 or older and at least four years older than a victim under 16. Below that gap, this specific felony does not apply.
Section 61-8B-9, sexual abuse in the third degree, covers sexual contact with a victim under 16, but provides a complete defense if the defendant was themselves under 16, or if the defendant was less than four years older than the victim.
Age of consent in West Virginia
Section 61-8B-5(a)(2) requires the offender to be 16 or older and at least four years older than a victim under 16. Sexual assault in the third degree is a felony carrying one to five years. Section 61-8B-9 covers contact only and is a misdemeanor.
Close-in-age rules in West Virginia
Both statutes use the same four-year threshold, though structured slightly differently:
- Sexual intercourse or intrusion: Section 61-8B-5 simply does not apply if the offender is less than four years older than a victim under 16.
- Sexual contact only: Section 61-8B-9 provides this as an affirmative defense to be raised in court, available if the defendant was less than four years older, or if the defendant was themselves under 16 at the time.
Exceptions and defenses
For a victim under 12, sexual abuse in the first degree applies under Section 61-8B-7 with no age-gap allowance, though the penalty increases if the offender is 18 or older. Marriage to the victim is a stated exclusion from Section 61-8B-5.
Applicable statutes
The codified West Virginia law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, sexual intercourse, a three-year gap. Because the gap is under four years, Section 61-8B-5 does not reach this conduct.
Example 2. A 15-year-old and a 20-year-old, sexual contact only, a five-year gap. This exceeds four years and the defendant is not under 16, so no defense under Section 61-8B-9 applies.
Example 3. A 15-year-old and a 15-year-old, sexual contact only. Because the defendant is themselves under 16, this fits the alternate defense regardless of the (zero) gap.
Frequently asked questions about West Virginia
What is the age of consent in West Virginia?
16. W. Va. Code Sections 61-8B-5 and 61-8B-9 apply a four-year gap threshold for intercourse and contact respectively, with a victim under 16.
Does West Virginia have a Romeo and Juliet law?
Yes, a genuine one at both tiers. Intercourse is simply not covered below a four-year gap; contact-only conduct has a complete defense under the same threshold, plus an extra defense if the defendant is themselves under 16.
Why does the contact tier have an extra defense?
Section 61-8B-9 states two independent defenses: the defendant being less than four years older, or the defendant being under 16 themselves. Either one alone is sufficient.
Does either allowance apply to a victim under 12?
No. Sexual abuse in the first degree applies to a victim under 12 with no age-gap allowance, though the penalty increases if the offender is 18 or older.
Are married couples treated differently?
Yes, for the intercourse statute. Marriage to the victim is a stated exclusion from Section 61-8B-5.
Official sources
Primary and official sources this guide is built from.
Intercourse vs. contact-only defenses
Both use the same four-year threshold, with one extra option for contact.
| Conduct | Gap condition | Extra defense |
|---|---|---|
| Intercourse (§ 61-8B-5) | Under 4 years | None |
| Contact only (§ 61-8B-9) | Under 4 years | Defendant under 16 |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted directly from the West Virginia Code via the official West Virginia Legislature website.
Pending attorney review
This guide has not yet been checked by a licensed West Virginia attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects W. Va. Code §§ 61-8B-5 and 61-8B-9 as of 27 July 2026, drawn directly from the official West Virginia Legislature website. It has not yet been reviewed by a licensed West Virginia attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.