(a) If a person marries another who is within the degrees of relationship described in section 2-302, and the relationship is founded on consanguinity, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or be confined in the county or regional jail for not more than six months, or both, in the discretion of the court.
(b) If a person who is a resident of this state marries in another state or country, the person violates subsection (a) of this section if:
(1) The persons married are within the degrees of relationship described in section 2-302 and the relationship is founded on consanguinity;
(2) The person intends to evade the law of this state;
(3) The person intends to return and reside in this state; and
(4) The persons, after marrying, return to this state and cohabit as man and wife.
(c) For purposes of this section, the fact of cohabitation of the persons as man and wife is evidence of their marriage.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-2-101. Necessity of Marriage License
§48-2-104. Contents of the Application for a Marriage License
§48-2-105. Execution of the Application for a Marriage License
§48-2-107. Recording an Application for a Marriage License
§48-2-201. Form of Marriage License
§48-2-203. Register of Marriages
§48-2-204. Record of Marriage Celebrated Outside of State
§48-2-301. Age of Consent for Marriage; Exception
§48-2-302. Prohibition Against Marriage of Persons Related Within Certain Degrees
§48-2-303. Prohibition Against Marriage Not to Include Persons Related by Adoption
§48-2-401. Persons Authorized to Perform Marriages
§48-2-403. Ritual for Ceremony of Marriage by a Religious Representative
§48-2-404. Ritual for Ceremony of Marriage by a Judge or Justice
§48-2-405. Record of Marriage to Be Kept by Person Officiating
§48-2-406. Federal Judges Authorized to Perform Marriages
§48-2-501. Unlawful Acts by Clerk of the County Commission; Penalties
§48-2-502. Issuing Marriage License Contrary to Law; Penalty
§48-2-503. Consanguineous Marriage; Penalty
§48-2-504. Failure to Endorse and Return License; Penalties
§48-2-505. Unlawful Solicitation of a Celebration of Marriage
§48-2-601. Belief of Parties in Lawful Marriage Validates Certain Defects
§48-2-602. Marriage Out of State to Evade Law
§48-2-603. Certain Acts, Records, and Proceedings Not to Be Given Effect in This State