According to West Virginia code, abortion is a felony in the Monutain State after Roe V. Wade was overturned.

Prosecutors in West Virginia can immediately enforce an abortion ban from 1882.

Under chapter 61-2-8 the abortion penalty says:

“Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.”

West Virginia delegate Young said Amendment 1 in the state constitution solidified that abortions are not a right for West Virginians.

She also said that felony can hold 3-10 years of prison time.