(a) A caregiver who intentionally and maliciously neglects an incapacitated adult causing death is guilty of a felony and, upon conviction thereof, shall be fined not more than $5000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than fifteen years.
(b) A caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to intentionally or maliciously neglect the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be fined not more than $5000 and be imprisoned in a state correctional facility for a definite term of not less than five nor more than fifteen years.
(c) A caregiver of an incapacitated adult who intentionally and maliciously abuses an incapacitated adult which causes the death of the incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than forty years.
(d) A caregiver of an incapacitated adult who causes the death of an incapacitated adult by knowingly allowing any other person to intentionally and maliciously abuse an incapacitated adult is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of not less than five nor more than forty years.
(e) The provisions of this section do not apply to any caregiver or health care provider who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse, to supply an incapacitated adult with necessary medical care when the medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the incapacitated adult is an adherent member.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 2. Crimes Against the Person
§61-2-1. First and Second Degree Murder Defined; Allegations in Indictment for Homicide
§61-2-2. Penalty for Murder of First Degree
§61-2-3. Penalty for Murder of Second Degree
§61-2-4. Voluntary Manslaughter; Penalty
§61-2-5. Involuntary Manslaughter; Penalty
§61-2-5a. Concealment of Deceased Human Body; Penalty
§61-2-6. Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa
§61-2-7. Attempt to Kill or Injure by Poison; Penalty
§61-2-9. Malicious or Unlawful Assault; Assault; Battery; Penalties
§61-2-9a. Harassment; Penalties; Definitions
§61-2-9b. Penalties for Malicious or Unlawful Assault or Assault of a Child Near a School
§61-2-9c. Wanton Endangerment Involving the Use of Fire; Penalty
§61-2-9d. Strangulation; Suffocation and Asphyxiation; Definitions; Penalties
§61-2-10. Assault During Commission of or Attempt to Commit a Felony; Penalty
§61-2-10a. Violent Crimes Against the Elderly; Sentence Not Subject to Suspension or Probation
§61-2-11. Unlawful Shooting at Another in Street, Alley or Public Resort; Penalty
§61-2-12. Robbery or Attempted Robbery; Penalties
§61-2-13. Extortion or Attempted Extortion by Threats; Penalties
§61-2-14. Abduction of Person; Kidnapping or Concealing Child; Penalties
§61-2-14a. Kidnapping; Penalty
§61-2-14b. Venue of Offenses Under §§61-2-14 and 61-2-14a
§61-2-14c. Penalty for Threats to Kidnap or Demand Ransom
§61-2-14f. Penalties for Abduction of a Child Near a School
§61-2-14g. Unlawful Restraint; Penalties
§61-2-14h. Prohibition of Purchase or Sale of Child; Penalty; Definitions; Exceptions
§61-2-15. Assault, Battery on School Employees; Penalties
§61-2-15a. Assault, Battery on Athletic Officials; Penalties
§61-2-16. Injury to Passenger by Person in Charge of Public Conveyance or Boat; Penalty
§61-2-26. Doors to Be Removed From Abandoned Refrigerators, Freezers and Other Appliances; Penalties
§61-2-27. Required Reporting of Gunshot and Other Wounds
§61-2-27a. Required Reporting of Burns
§61-2-28. Domestic Violence — Criminal Acts
§61-2-29. Abuse or Neglect of Incapacitated Adult; Definitions; Penalties