Created by FindLaw's team of legal writers and editors| Last updated June 20, 2016
Photos, videos, and other materials that depict minors engaging in sexual conduct are referred to as child pornography and are illegal under both federal and state laws. In West Virginia it is illegal to produce, possess, or distribute child pornography. The table below outlines the main aspects of West Virginia's child pornography laws.
Causing or knowingly permitting, using, persuading, inducing, enticing, or encouraging a minor to engage in any sexually explicit conduct if the offender knows that the act is being photographed or filmed
Photographing or filming a minor engaging in sexually explicit conduct, or
Parents, guardians, or people who have custody of a minor (1) photographing or filming the minor in any sexually explicit conduct or (2) causing or knowingly permitting, using, persuading, inducing, enticing, or coercing the minor to engage in a sexually explicit act that the offender knows is being photographed or filmed
Distributing & Possessing Child Pornography:
Knowingly and willfully, sending, distributing, exhibiting, possessing, displaying, or transporting any material that depicts a minor engaging in sexually explicit conduct
Definition of "Minor"
A minor is any child under 18 years old.
Definition of "Sexually Explicit Conduct"
Sexually explicit conduct includes any of the following (either actually performed or simulated):
Genital to genital intercourse
Oral to anal intercourse
Producing Child Pornography: Felony.
Punishable by a fine of up to $10,000, and/or imprisonment for up to 10 years.