West Virginia HB 2251: Increasing penalties sexual offenses

Bill Text

WEST VIRGINIA LEGISLATURE

FISCAL NOTE

2023 REGULAR SESSION

Introduced

House Bill 2251

By Delegates Steele, Kirby, Foster and Kump

[Introduced January 11, 2023; Referred to the Committee on the Judiciary]

A BILL to repeal §61-8B-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8, §61-8B-9, §61-8B-9b, §61-8B-10, §61-8B-12; and to amend said code by adding thereto a new section, designated §61-8B-4a, all relating to sexual offenses; establishing criminal penalties for sexual offenses; and creating criminal penalties for certain sexual offenses.

Be it enacted by the Legislature of West Virginia:



ARTICLE 8B. SEXUAL OFFENSES.



§61-8B-3.  Sexual assault in the first degree.



(a) A person is guilty of sexual assault in the first degree when:

(1) The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:

(i) Inflicts serious bodily injury upon anyone; or

(ii) Employs a deadly weapon in the commission of the act; or

(2) The person, being 14 years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than 12 years old and is not married to that person.

(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than 15 years determinate nor more than thirty-five 60 years determinate. or fined not less than $1,000 nor more than $10,000 and imprisoned in a state correctional facility not less than fifteen nor more than thirty-five years

(c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is 18 years of age or older and whose victim is younger than 12 years of age, shall be imprisonment in a state correctional facility for 35 years determinate twenty-five nor more than 100 years determinate. and a fine of not less than $5,000 nor more than $25,000

§61-8B-4.  Sexual assault in the second degree.



(a) A person is guilty of sexual assault in the second degree when:

(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person’s consent, and the lack of consent results from forcible compulsion; or

(2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.

(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than 10 years determinate nor more than 30 years determinate. not less than ten nor more than twenty-five years, or fined not less than $1,000 nor more than $10,000 and imprisoned in the penitentiary not less than ten nor more than twenty-five years



§61-8B-4a. Sexual extortion.



(a) For the purposes of this section, 

"Recording" includes without limitation an image, photograph, or video;

"Sexually explicit conduct" means sexual conduct, sexual intercourse, or sexual intrusion; 

"State of nudity" means:

(1) The appearance of a human anus, human genitals, or female breast below a point immediately above the top of the areola; or

(2) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top of the areola;

(b) A person is guilty of sexual extortion if:

(1) With purpose to coerce another person to engage in sexual contact or sexual intercourse, the person communicates a threat to:

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or

(2) With purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to:

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity; or

(3) The person knowingly causes another person to engage in sexual contact, sexually explicit conduct, or to produce or distribute a recording of a person in a state of nudity or engaged in a sexually explicit conduct by communicating a threat to: 

(A) Damage the property or harm the reputation of the other person; or

(B) Produce or distribute a recording of the other person depicted in a state of nudity or engaged in sexually explicit conduct.

(c) Any person who violates the provisions of this section is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two years determinate nor more than 10 years determinate.

§61-8B-5.  Sexual assault in the third degree.



(a) A person is guilty of sexual assault in the third degree w