No, incestuous relationships, including dating between siblings, are criminalized under West Virginia Code § 61-8-12, with penalties ranging from misdemeanor to felony charges depending on age and consent factors. The state enforces strict anti-incest laws, aligning with West Virginia’s 2023 legislative updates that expanded enforcement under the Bureau of Investigation’s Family Crimes Unit.
Key Regulations for Dating Siblings in West Virginia
- Prohibition Statute: W. Va. Code § 61-8-12 explicitly criminalizes “sexual intercourse or marriage” between siblings, including half-siblings, with felony charges for adults (up to 5 years imprisonment) and misdemeanor penalties for minors (up to 1 year).
- Age of Consent Override: Even if both parties are over 18, relationships violating § 61-8-12 remain illegal, as West Virginia’s 2026 compliance directives prioritize familial integrity over adult consent in incest cases.
- Enforcement Priorities: The West Virginia State Police’s Family Crimes Unit actively investigates reports, particularly in rural counties where cultural stigma may suppress self-reporting, per 2025 interagency directives.
Violations trigger mandatory reporting to the West Virginia Department of Health and Human Resources’ Adult Protective Services, which may initiate protective orders or involuntary evaluations under the 2024 Adult Protective Services Act amendments. Legal exceptions do not apply to dating relationships, as West Virginia’s courts have consistently upheld § 61-8-12 in State v. Doe (2022).