State of West Virginia v. Shawn Thomas Riggleman, 238 W. Va. 720

Shawn Riggleman was indicted for felony possession/distribution of child pornography (WV Code § 61-8C-3) after obtaining 100+ images/videos of pre‑teen children.
Forensic evaluation found Riggleman incompetent to stand trial; restoration treatment at Sharpe Hospital failed to render him competent.
The circuit court held a competency hearing and concluded the charged offense "involves an act of violence against a person" under WV Code § 27-6A-3(h), so Riggleman would remain under court jurisdiction until the maximum sentence expired (or until competency/charge resolution).
The circuit court reasoned that possession/distribution of child pornography is proximately linked to physical, emotional, and psychological harm to child victims and sustains demand for abusive material.
Riggleman appealed, arguing that downloading/viewing images (without direct contact) does not constitute an offense that "involves an act of violence" for § 27-6A-3(h); the Supreme Court of Appeals affirmed the circuit court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether possession/distribution of child pornography under WV § 61-8C-3 "involves an act of violence against a person" for purposes of WV § 27-6A-3(h).	State: the offense is intrinsically linked to the production and continued harm to child victims; end‑users perpetuate demand and ongoing victimization, so the crime involves acts of violence and supports continued civil jurisdiction.	Riggleman: mere electronic viewing/downloading (without contact) is too attenuated; many images are freely available, so his conduct did not drive production or cause the requisite physical/psychological harm to qualify as "violence."	Court: affirmed — possession/distribution of child pornography is sufficiently proximately linked to physical, emotional, and psychological harm to children and therefore is a crime that "involves an act of violence against a person," permitting continued jurisdiction under § 27-6A-3(h).

Chrystal R.M. v. Charlie A.L., 194 W.Va. 138 (standard of review: de novo for statutory interpretation)
State v. Smith, 198 W.Va. 702 (purpose of § 27-6A-3 is treatment and public protection, not punishment)
State v. George K., 233 W.Va. 698 (a court’s analysis of whether an offense "involves an act of violence" is not limited to whether violence is an element; includes risk of physical, emotional, psychological harm to children)
State ex rel. Smith v. Sims, 235 W.Va. 124 (possession of a deadly weapon with intent to intimidate on school grounds involves an act of violence for § 27-6A-3)
New York v. Ferber, 458 U.S. 747 (distribution/production of child pornography intrinsically related to child sexual abuse; State interest in drying up the market)
Osborne v. Ohio, 495 U.S. 103 (possession bans justified to protect child victims and stamp out distribution chain)
Paroline v. United States, 134 S. Ct. 1710 (each viewing of child pornography repeats the victim’s abuse; internet trading expanded circulation and harm)
State v. Shingleton, 237 W.Va. 669 (each image is a separate abuse producing a permanent record and continuing exploitation)
United States v. Williams, 553 U.S. 285 (child pornography harms and debases children; State’s strong interest in prohibition)