House 4722

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4722

By Delegates Heckert, McCormick, D. Cannon, Adkins, Stephens, Roop, Crouse, Marple, Browning, Masters, and G. Howell

[Introduced January 22, 2026; referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §61-5B-1, relating to false judicial accusations; providing definitions; creating an offense; creating criminal penalties; providing remedies; creating enhanced penalties; and providing a confidential registry.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5B. false judicial accusations after the determination of falsity.

§61-5B-1. False judicial accusation.

(a) Definitions. – For purposes of this article, the following terms have the following meanings:

 (1) "False judicial accusation" untrue claims of wrongdoing made in a legal context, often with intent to harm, and can range from intentionally lying under oath (perjury) to filing baseless police reports or providing fabricated evidence, obstructing justice and potentially leading to severe penalties for the accuser and serious consequences for the falsely accused.

(2) "Harm" means the severe, and sometimes irreparable, injury to an individual’s reputation, liberty, emotional well-being, and financial stability, alongside the disruption of the justice system.

(3) "Judicial proceeding" means:

(A) Any proceeding before any court or commissioner thereof or justice of the peace; or

(B) Any quasi-judicial proceeding before a board, commission or public servant, the outcome of which is required to be based on a record or documentation prescribed by law.

(b) Offense. – A person commits the offense of false judicial accusation after determination of falsity if the person knowingly makes, repeats, maintains, or republishes a false allegation within a judicial proceeding after notice of a determination of falsity and with intent to cause harm or influence a judicial outcome.

(c) Criminal penalties. – A violation of this section constitutes a misdemeanor for a first offense and a felony for a second or subsequent offense. Enhanced felony penalties apply where the false allegation results in arrest, loss of custody, issuance of a protective order, or loss of employment or licensure.

(d) Mandatory remedies. – Upon conviction, the court shall order restitution, corrective notice to affected agencies, and expungement assistance for records related to the false allegation.

(e) Civil cause of action. – A person harmed by conduct prohibited under this article has a private right of action for damages, including presumed damages, attorney fees, and treble damages for repeat or aggravated violations.

(f) Child protective services enhancement. – Knowingly making or maintaining a false allegation to child protective services after a determination of falsity is subject to enhanced penalties and limited disclosure of reporter identity for prosecution or civil action.

(g) Confidential registry. – The Supreme Court of Appeals shall maintain a non-public registry of persons convicted under this section for judicial and prosecutorial use only.

(h) Safe harbor. – This article does not apply to good-faith reports, timely recantations prior to a determination of falsity, or statements lacking intent to cause harm.

(i) Construction. – Nothing in this article shall be construed to discourage good-faith reporting, criminalize protected speech, or limit prosecutorial discretion.

NOTE: The purpose of this bill is to create the crime of false judicial accusation after the determination of falsity.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.