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West Virginia Sex Offender Records

What is a Sex Offender?

According to federal law, a sex offender is a person who:

  • Has been convicted of a sex crime
  • Has been found guilty except for insanity of a sex crime
  • Has been convicted in another United States Court of a crime that would have been considered a sex crime in the other state, or court jurisdiction

Typically, dangerous sex offenders are further classified into Sexually Violent Dangerous Sex Offenders(SVDO) and Predatory Sex Offenders (PSO). SVDO is regarded as offenders who possess psychopathic personality features, and sexually deviant arousal patterns as well as a history of sexual assaults. They are also likely to commit or attempt to commit the crime of unlawful sexual penetration in the first degree. This may include the crime of rape in the first degree and sodomy in the first degree where the victim is below 12 years, subject to forcible compulsion by the offender, and not able to give consent because of a mental defect, incapacitation, or physical helplessness.

A Predatory sex offender is one who has the tendency to victimize and injure other persons or has been convicted of carrying out or attempting to carry out certain sex crimes such as rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree, and sexual abuse in any degree. Even in situations where the offender is found guilty except for insanity, such offender is still regarded as a Predatory Sex Offender.

Who is Considered a Sex Offender in West Virginia?

A sex offender is any person that has been found guilty of a sex crime covered by state law or declared not guilty on the grounds of a mental defect by a court of competent jurisdiction. The elements of a sex offense include sexual intrusion, sexual intercourse, and contact. A sex offense is punishable by imprisonment, mandatory registration, and inclusion in the state sex offender registry. Sex crimes in West Virginia are more often classified into two:

  • Sexual abuse: in this category, the sex offender subjects another person to sexual contact through intimidation, physical force, or threat.
  • Sexual assault: this includes all forms of non-consensual sexual intrusion or intercourse that may result in the infliction of bodily injuries on the victim. Sexual assaults are classified as first, second, and third-degree felonies.

How to Find Sex Offenders Near Me in West Virginia

The sex offender registry of West Virginia contains information on registered sex offenders. The registry is updated daily as more sex offenders register with the local police departments in the different counties of the state. There are three search options available to the requester, which include:

  • Basic search
  • Advanced search, and
  • Internet search

West Virginia Sex Offender Basic Search

Interested persons can find sex offenders using the basic search option by inputting the offender's last name, street name, city of residence, or county.

West Virginia Sex Offender Advanced Search

With the advanced search option, members of the public can access sex offender records by providing details such as name, street, city, and county. The search can also be general or limited to wanted offenders or sexually violent predators.

West Virginia Sex Offender Internet Search

Using the internet search option, interested persons can look up a sex offender by entering the offender's email address or username.

What is the West Virginia Sex Offender Registry?

The West Virginia sex offender registry is a repository where interested persons can get information about sex offenders who reside, work, carry out businesses or schools in the state. Common information that the public can find on the registry includes the offender's name, the last updated address, and photographs. Sex offenders who are either convicted or found not guilty on the grounds of mental illness or instability are required to register with the police department. The West Virginia State Sex Offender Registration Act authorizes the public release of information about convicted sex offenders. Under this act, local law enforcement agencies are required to grant public electronic access to information on registered sex offenders. As of December 2020, the state had a total number of 5848 offenders on the registry.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

What Happens When You Register as a Sex Offender in West Virginia?

Offenders in West Virginia may lose certain rights depending on the nature of the crime committed. West Virginia Code 26 prohibits parolees convicted of sex crimes against children from being within 1000 feet of a school, a daycare center, or a victim’s residence. Some offenders may lose the right to freedom of movement depending on the nature of the offense committed. Offenders who are required to wear bracelets for GPS tracking may also lose their privacy.

What are the Sex Offender Laws in West Virginia?

Several sex offender laws in the West Virginia Code specify offenses that qualify as sex crimes as well as the penalties to be meted on offenders. These laws help to protect residents from persons who may pose a risk to their lives. The laws include:

  • Sex Offender Registration Act
  • The Child Protection Act

Sex Offender Registration Act

The Sex Offender Registration Act is the West Virginia version of the federal Megan's Law. The federal law was enacted in 1996 as the United States government's response towards ensuring that residents are shielded from dangerous sexual predators. The law was made after 7-year-old Megan Kanka was murdered by a sex offender in Florida. Megan's Law mandates local law enforcement agencies to create registries where members of the public can access records of sex offenders in their respective jurisdictions. Also, sex offenders must register with the state police department in the county where they are resident, have businesses, or school.

The Child Protection Act

The Child Protection Act was passed into law in 2006 to protect children from physical and sexual abuse. The act modified some sections of the Sex Offender Registration Act to ensure more efficient and effective registration, monitoring, and identification of offenders. A separate Child Abuse and Neglect Registry was established where specified local and state officials can obtain certain information about offenders.

How Long Do Sex Offenders Have to Register in West Virginia?

Section 15-12-4 of the West Virginia Code mandates registration for either 10 years or a lifetime depending on the sex crime committed. Sexually violent predators and repeat offenders who have been convicted twice are required to register for life. Also, offenders who are found not guilty on the grounds of mental retardation or illness are required to register for life.

Can a Sex Offender Live With Their Family in West Virginia?

Sex offenders in West Virginia are allowed to live with their families except where there are ordered restrictions. Sex offenders who were convicted of offenses against a minor may be restricted from residing in a house with a child under the age of 16 unless in cases where:

  • The offender is the child's parent
  • The offender is the child's grandparent
  • The offender was the child's stepparent before the conviction.
  • The offender's parental right over any of the children in the house has not been withdrawn
  • The child resident in the home is not the offender's victim
  • The court determines that the offender will not endanger the life or lives of the child or children where they take up residence.

What Types of Sex Offenders Exist in West Virginia?

The West Virginia Code categorizes sex offenses into two - sexual assault and sexual abuse. The conviction of offenders is determined by the nature of the offense committed. This classification also mandates offenders to adhere to specific registration requirements.

Sexual Assault offenders

Offenders in this category are those who are convicted for engaging in sexual intercourse without the victim's consent and inflicting serious bodily injury on the victim in the process. Offenders who employ the use of weapons in carrying out the act also fall under this category. Sexual assault also includes sexual contact with a minor, a mentally impaired person, or a physically helpless person. Sexual assault is further grouped into three, including first, second, and third-degree assault. A sexual assault offense is charged as a felony and requires lifetime registration in the sex offender registry.

Sexual Abuse offenders

These are sex offenders convicted for subjecting another to non-consensual sexual contact or sexual contact with a mentally impaired person or minor, without inflicting bodily injuries. Sexual abuse is grouped into first, second, and third-degree abuse. First-degree sexual abuse offenders are charged with a felony and required to register for life. On the other hand, second and third-degree offenses are misdemeanor charges which require the offenders to register for 10 years.

Do Sex Offenders Have to Notify Neighbors in West Virginia?

West Virginia sex offenders are not required to notify neighbors of their offender status. Rather, offenders are to register with the local authorities immediately after they are released from confinement, within 30 days of coming into the state, or 10 days of changing their school, residence, or employment address.

Do Sex Offenders Have to Put a Sign in Their Yard in West Virginia?

Sex offenders in West Virginia are not required to put a sign in their yard. However, Article 11 of the West Virginia Code subjects violent predators and other offenders who are convicted of a sex offense against a minor to global positioning system (GPS) tracking while on parole or probation. Such offenders may also be subjected to radiofrequency monitoring and imposed curfew depending on the court’s ruling.

Note: Offenders subject to electronic monitoring are required to cover the cost of the monitoring. Convicted persons who are financially incapacitated are to submit an affidavit to the county circuit court showing that they are unable to carry out such payments. Upon verifying the claims, the payment responsibility is transferred by the court to the supervising entity.

How Close Can a Sex Offender Live to a School in West Virginia?

Sex offenders convicted of a sex crime against a minor are required to stay 1000 feet away from places where children are likely to congregate. Such places include gyms, daycare centers, playgrounds, and public parks. It is the responsibility of the Department of Correction to determine based on the nature of the offense if an offender can live within 1000 feet of a daycare center or a school.

Is Public Urination a Sex Offense in West Virginia?

Public urination is considered a serious sex offense in West Virginia. Section 61-8-9 of the West Virginia code considers public urination and indecent exposure crime and outlines penalties for the act. Indecent exposure involves the deliberate exposure of a person's genitals in public to elicit a sexual response. Public urination is a misdemeanor in West Virginia, and offenders may be imprisoned for up to 90 days or asked to pay a fine of up to $250 or both.

In a situation where the exposure was done for sexual gratification, the offender may be imprisoned for 1 year, asked to pay a fine of $500 or both. Second-time offenders may face prison terms of 30 days to 12 months or be asked to pay a fine of $1000 or both. Subsequent offenders may be subject to 1 to 5 years imprisonment, a $3000 fine, or both.

Can You Expunge a Sex Offender Charge in West Virginia?

Expungement is the legal process of officially erasing a criminal record. In West Virginia, sex offenses that require registration are not eligible for expungement.

How to Look Up Sex Offenders in West Virginia

The West Virginia State Police maintains the state's sex offender registry. Sex offenders in the state are required to register in the county where they reside, school, or carry out businesses. The state police provide daily registry updates that reflect each offender’s current state. However, it is important to note that the state police do not guarantee the accuracy of information obtained as some offenders may fail to register or update their records.

Apart from registered sex offenders, all interested persons can access the West Virginia Sex Offender Registry. Sex offenders who are caught breaking the registry may be fined, face jail terms, or be subject to both.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

How to Report a Sex Offender in West Virginia?

Members of the public can report a sex offender who may be violating registration requirements or posing a risk to residents. All persons are encouraged to report to the West Virginia Police Department, through the registry or via mail to:

West Virginia State Police Headquarters,
725 Jefferson Road,
South Charleston, WV 25309,
(304) 746-2115

Concerned members of the public can also report suspected child predators by mailing the Crime Against Children Unit at:

Crime Against Children Unit,
3040 University Avenue, Suite #3108,
Morgantown, WV 26505,
(304) 293-6400

The West Virginia Code mandates sex offenders to update their information with the local police department of the county of residence with every address change. Providing false information or deliberately failing to register is a serious crime. Failure to register each piece of information is treated as a separate offense. For instance, if a sex offender fails to register a new home and employment address, the person has committed two offenses. Upon conviction, the offender can face a minimum jail term of 1 year, pay a fine between $250 and $10,000, or both.

Repeat offenders may face jail terms between 1 year and 25 years. Sex offenders on parole or probation who fail to register may have their parole or probation revoked.