(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated.
(b) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than twelve months, or fined not more than $500 and confined in the county jail not more than twelve months.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
§61-8B-3. Sexual Assault in the First Degree
§61-8B-4. Sexual Assault in the Second Degree
§61-8B-5. Sexual Assault in the Third Degree
§61-8B-7. Sexual Abuse in the First Degree
§61-8B-8. Sexual Abuse in the Second Degree
§61-8B-9. Sexual Abuse in the Third Degree
§61-8B-9a. Mandatory Sentence for Person Committing Certain Sex Offenses Against Children
§61-8B-11. Sexual Offenses; Evidence
§61-8B-11a. Convictions for Offenses Against Children
§61-8B-13. Payment of Treatment Cost for Victim
§61-8B-14. Limits on Interviews of Children Eleven Years Old or Less
§61-8B-15. Forensic Medical Examination Fund; Training of Sexual Assault Nurse Examiners
§61-8B-16. Payment for Costs of Forensic Medical Examination
§61-8B-17. Study of Reimbursement; Recordkeeping; Disclosure; Confidentiality
§61-8B-18. Rule-Making Authority
§61-8B-19. Court Files and Law-Enforcement Records; Confidentiality