Bill
HB 5496
Establishes a new felony of child torture for acts causing or risking serious harm to a child, with 10–25 year ranges and parole ineligibility.
HB 5496 (2026) — West Virginia
Purpose
- Establishes a new criminal offense: child torture. The bill defines torture as a course of conduct against a child that meets at least one specified criterion and, depending on whether bodily injury results, carries distinct penalties.
Key Provisions
1) Offense and penalties
- Section §61-8D-11(a): If a person aged 16 or older tortures a child and the torture causes bodily injury to the child, the offender commits a felony and faces:
- Prison: 10 to 25 years in a state correctional facility
- Parole: Not eligible for parole until actually serving 10 years
- Section §61-8D-11(b): If a person aged 16 or older tortures a child and the torture does not cause bodily injury, the offender commits a felony and faces:
- Prison: 10 to 20 years
- Parole: Not eligible for parole until actually serving 8 years
2) Definition of “torture”
- Section §61-8D-11(c) defines torture as a course of conduct involving at least one of the listed acts (or substantially similar acts). The enumerated categories include, but are not limited to:
1) Breaking, severing, or severely impairing a limb
2) Inflicting severe and prolonged pain from striking, burning, or cutting
3) Prolonged deprivation of food or water
4) Knowingly restraining the child in a grossly unreasonable manner without legitimate purpose
5) Forcing the child to remain in an area unsuitable for habitation (e.g., urine or feces present)
6) Exposing the child to extreme temperatures without protection
7) Forcing excessive and unnecessary periods of exercise or other physical acts as punishment
8) Sexual abuse or exploitation of the child, or allowing/participating in sexual abuse or exploitation by another
9) Repeated intimidation or humiliation to cause significant emotional distress
10) Terrorizing or threatening death or harm to the child, a loved one of the child, or a related object, to cause significant emotional distress
11) Restricting basic bodily functions needed for personal hygiene
12) Conduct that places the child at risk of serious bodily injury
3) Scope and jurisdiction
- Applies to individuals 16 years of age and older.
- Falls within West Virginia’s “child abuse” framework (article 8d).
4) Procedural/timeline notes
- Status: Introduced February 13, 2026; referred to the House Judiciary Committee.
- Effective date: Not specified in the text provided. If enacted, penalties would apply upon conviction under the new statute.
Who is Affected
- Offenders: Persons aged 16 or older who commit acts meeting the torture definition against a child.
- Victims: Children who suffer bodily injury or significant emotional distress as a result of the torture, as defined by the listed criteria.
- Law enforcement, prosecutors, and the judiciary: New felony offense with specific charging, trial, and sentencing implications.
Impact Considerations
- Establishes a state felony with substantial prison terms (minimums of 10 years, and up to 25 years with bodily injury; up to 20 years without bodily injury).
- Creates a broad, multi-factor standard for “torture,” incorporating physical harm, extreme neglect, sexual abuse, emotional distress, and risk of serious injury.
- Parole ineligibility: Affects offenders’ eligibility timelines (10 years for bodily-injury cases; 8 years for non-bodily-injury cases), potentially influencing prison population planning and rehabilitation considerations.
Notes
- The bill is narrowly focused on creating a distinct offense with defined acts constituting torture and corresponding penalties. If passed, it would add a new tool for prosecutors in severe child abuse cases and signal a legislative intent to treat torture as an aggravated form of abuse against children.
Compiled from official sources — confirm details with the bill’s official record.
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