W. VA. CODE § 61-8-5(B) (2021).

  • Minors that the court determines are victims of sex trafficking shall not be prosecuted or held criminally liable for an offense of prostitution.

W. VA. CODE § 61-14-8(a) (2022).

  • In a prosecution or a juvenile prosecution for an offense of prostitution, a minor shall not be held criminally liable if the court determines that the minor is a victim of sex trafficking.
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W. VA. CODE § 61-14-9(A) (2021).

  • A survivor of sex trafficking can petition to vacate prostitution convictions and expunge the accompanying records.
  • The general time restrictions and criminal history limitations for motions for expungement do not apply to survivors of human trafficking seeking to vacate convictions.

Additional Resources

West Virginia Supreme Court Re-defines Self-Defense in Domestic Violence Cases (Case law in West Virginia has established that prior physical and emotional abuse against a defendant is pertinent to assessing whether her belief in imminent danger was reasonable).