{"data":{"id":"us-wv/w.-va.-code-61-11-8a","jurisdiction":"us-wv","citation":"W. Va. Code § 61-11-8a","heading":"Solicitation to commit certain felonies; classification; defenses.","body":"(a) Any person who solicits another to commit a violation of the law which constitutes a felony crime of violence against the person is guilty of a felony and, upon conviction thereof, shall be:\n(1) Confined in a state correctional facility for not less than three nor more than fifteen years if the offense solicited is punishable by life imprisonment;\n(2) Imprisoned in the state correctional facility for not less than one nor more three years or fined not more than $5,000, or both, if the offense solicited is punishable by incarceration in the state correctional facility for a term of less than life imprisonment. In the circuit court's discretion a person so convicted may be ordered confined in jail for a term not to exceed one year in lieu of incarceration in a state correctional facility;\n(b)(1) As used in this section, \"solicitation\" means the willful and knowing instigation or inducement of another to commit a felony crime of violence against the person of a third person; and\n(2) As used in this section, \"felony crime of violence against the person\" means the felony offense set forth in sections one, nine, ten-b and twelve, article two of this chapter.\n(c) In a prosecution under the provisions of this section, it is not a defense:\n(1) That the defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the crime that is the object of the solicitation; or\n(2) That a person whom the defendant solicits could not be guilty of a crime that is the object of the solicitation.\n(d) It is an affirmative and complete defense to a prosecution under the provisions of this section that the defendant under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, after soliciting another person to engage in conduct constituting a felony, prevented the commission of the crime.","path":["CHAPTER 61. CRIMES AND THEIR PUNISHMENT.","ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES."],"source_url":"https://code.wvlegislature.gov/61-11-8A/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:31:30Z","sha256":"a050bdde34fdeac1d59c0a43b0ec8cf19b795a5ed649cdd19714f79787bdf6fd","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-61-11-8","next":"us-wv/w.-va.-code-61-11-9"},"notice":"GroundRules: Original legal text. Not legal advice."}