CHARLESTON, WV (LOOTPRESS) — A newly introduced bill in the West Virginia Senate would reinstate the death penalty in limited cases involving the murder or sexual assault of children.
Senate Bill 1068, introduced February 23, 2026, proposes allowing capital punishment when a defendant is convicted of first-degree murder of a victim age 16 or younger or first-degree sexual assault involving a victim 16 or younger.
The legislation would amend existing state law to permit a death sentence if jurors unanimously find specific aggravating circumstances — primarily that the victim was a minor — proven beyond a reasonable doubt.
Under the proposal, courts would hold a separate sentencing hearing after conviction where a jury would decide between life imprisonment or death. If jurors cannot unanimously agree on the death penalty, the sentence would default to life in prison.
The bill also requires that aggravating circumstances supporting capital punishment include physical evidence such as DNA or an uncoerced confession, rather than relying solely on circumstantial evidence.
Additionally, the measure would repeal the current section of state law that formally abolished capital punishment and would require the West Virginia Division of Corrections and Rehabilitation, working with the state Supreme Court, to establish procedures for carrying out death sentences.
Supporters say the bill targets the most serious crimes against children, while any change to the death penalty is expected to face significant legal and political debate as the measure moves through the legislative process.
The bill has been referred to the Senate Judiciary Committee and then to the Finance Committee for further consideration.
