Criminal Statutes of Limitations
West Virginia

Last Updated: April 2023

Export to PDF

Sexual assault, first degree	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-3. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Sexual assault, second degree	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-4. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Sexual assault, third degree	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-5. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Sexual abuse, first degree	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-7. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Sexual abuse, second degree	Answer
What is the statute of limitations for this crime?	The time limit is within 1 year after the commission of the offense.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-8. Citation for the statute of limitations: W. Va. Code § 61-11-9.

Sexual abuse, third degree	Answer
What is the statute of limitations for this crime?	The time limit is within 1 year after the commission of the offense.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-9. Citation for the statute of limitations: W. Va. Code § 61-11-9.

Imposition of sexual acts on persons incarcerated or under supervision	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8B-10. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Sexual abuse by parent, guardian, custodian, or person in a position of trust to child	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8D-5. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Incest	Answer
What is the statute of limitations for this crime?	There is no time limit for this crime.
Statutory citation(s):	Citation for the crime: W. Va. Code § 61-8-12. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).

Are there any exceptions to the statute of limitations laws?	Answer
Exceptions	Whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said .......... for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found. W. Va. Code § 61-11-9.

Are there any exceptions to the statute of limitations laws?

Answer

Exceptions

Whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said .......... for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found. W. Va. Code § 61-11-9.

Anything else I should know?	Answer
Anything else I should know?	None specified.

DNA evidence can increase likelihood of holding a perpetrator accountable.