SB 986 West Virginia Senate · 2026 Regular Session

Relating to child torture and abused children

This bill creates a new criminal offense called "child torture" in West Virginia law, targeting caregivers, parents, or others with a duty of protection who intentionally or recklessly subject a child under their care to severe physical or psychological acts. It defines torture as including acts like breaking limbs, inflicting prolonged pain, depriving food/water for unreasonable periods, sexual abuse, or terrorizing the child to cause significant emotional distress. The bill establishes felony penalties: 1-5 years in prison if no bodily injury occurs, and 2-10 years if bodily injury results. It directly affects individuals in positions of trust over children, such as parents, guardians, or custodians, by imposing specific criminal consequences for documented severe abuse.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Governor
Introduced Feb 18, 2026 Last action Mar 5, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 4 edits
MODERATE
The bill was significantly rewritten from a standalone child torture statute into a comprehensive amendment that amends existing child welfare definitions and adds a new child torture crime. The committee version clarifies that reasonable discipline like spanking is not abuse, expands definitions of child abuse, and establishes specific felony penalties for child torture with enhanced penalties for aggravated cases involving sadistic intent or serious injury.
Scope change
The bill's scope expanded from creating only a child torture crime to also amending general child welfare definitions and clarifying that reasonable corporal discipline is not abuse.
DEFINITION

Added explicit clarification that reasonable corporal discipline, including spanking, does not constitute child abuse.

Created new definitions for 'course of conduct', 'sadistic gratification', 'severe emotional distress', and 'terrorize' to clarify the child torture statute.

ENFORCEMENT

Changed the penalty structure from two separate felony levels to a base felony (2-10 years) and an aggravated felony (5-15 years) for torture involving sadistic intent, terrorizing, or serious bodily injury.

REQUIREMENT

Added requirement that child torture must involve a course of conduct (two or more acts) rather than a single isolated incident.

Floor votes · Senate Mar 4, 2026

How they voted

320
Passed · 1 other
Total votes 33
Mar 4, 2026
D Democratic2
2 Yea
100% Yea
R Republican31
30 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
2
Committee
3
Mar 5, 2026
Committee
To Judiciary
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 4, 2026
Upper · Passed
Passed Senate (Roll No. 349)
upper
Mar 2, 2026
Upper · Passed
Committee substitute reported
upper
Feb 18, 2026
Introduced
Introduced in Senate
upper
Feb 18, 2026
Committee
To Judiciary
upper
1 primary · 3 co-sponsors

Sponsors