WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
Senate Bill 986
By Senator Willis
[Introduced February 18, 2026; referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-8D-3b, relating to child torture; providing definitions; and creating criminal penalties.
Be it enacted by the Legislature of West Virginia:
(a) For the purposes of this section the terms defined in section one of this article have the same meaning in this section:
"Emotional distress" means significant mental or psychological suffering.
"Period of time" means more than a single 48-hour period.
"Torture" means a course of conduct against a child that includes at least one of the following acts or substantially similar acts:
(A) Breaking, severing or severely impairing a limb of the child;
(B) Inflicting severe and prolonged pain from striking, burning, or cutting the child;
(C) Causing or allowing a grossly unreasonable period of time where the child is deprived of food or water;
(D) Knowingly restraining the child so as to interfere substantially with the child's personal liberty in a grossly unreasonable manner;
(E) Forcing the child to remain in an area that is not suitable for habitation, such as an area where urine or feces are actively present;
(F) Subjecting the child to extreme temperatures without adequate clothing;
(G) Forcing excessive and unnecessary time periods of exercise or other physical acts as a form of punishment against the child;
(H) Engaging in the sexual abuse or exploitation of the child or allowing or participating in the sexual abuse or exploitation of the child by another person;
(l) Repeatedly intimidating or humiliating the child for the purpose of causing significant emotional distress;
(J) Terrorizing or threatening death or harm to the child, a loved one of the child, or a pet or loved object of the child for the purpose of causing significant emotional distress;
(K) Restricting basic and necessary bodily functions needed for the personal hygiene of the child; or
(L) Engaging in conduct that places the child at risk of serious bodily injury.
(b) A person is guilty of child torture when such person intentionally, knowingly or recklessly tortures a child who is under their care, custody, or control or for whom the person owes a duty of protection, or when such person is a parent, guardian, custodian or person in a position of trust in relation to the child.
(c) Any person who commits child torture:
(1) Is guilty of a felony when the victim does not suffer bodily injury and, upon conviction hereof, shall be imprisoned in a state correctional facility not less than one nor more than five years.
(2) Is guilty of a felony when the victim suffers bodily injury and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than two nor more than 10 years.
NOTE: The purpose of this bill is to create the crime of child torture.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.