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
32–0
Passed · 1 other
Total votes 33
Mar 4, 2026
D
Democratic2
100% Yea
R
Republican31
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
Role
Legislator
Party
State
District
P
Tom Willis
RRepublican
Co
Brian Helton
RRepublican
Co
Eric Tarr
RRepublican
Co
Mike Woelfel
DDemocratic
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