Introduced Version
House Bill 2044 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2044
(By Delegate Givens)
[Introduced
February 14, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article eight, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the criminal
penalty for indecent exposure; and creating offenses and
penalties for second and subsequent offenses.
Be it enacted by the Legislature of West Virginia:
That section nine, article eight, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such the
person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such
the exposure by another or engages in any overt act of sexual
gratification, and does so under circumstances in which the person
knows that the conduct is likely to cause affront or alarm.
(b) Any person who violates the provisions of this section
shall be is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than two hundred fifty dollars or
confined
in the county or regional jail not more than ninety days, or fined
not more than two hundred fifty dollars and confined in the county
jail not more than ninety days both fined and imprisoned.
(c) A person who violates the provisions of this section for
a second offense is guilty of a misdemeanor and,
upon conviction
thereof, shall be fined not less than five hundred dollars nor more
than one thousand dollars, or
confined in the county or regional
jail not less than six months nor more than one year, or
both fined
and imprisoned.
(d)
A person who violates the provisions of this section for
a third offense is guilty of a misdemeanor and,
upon conviction
thereof, shall be fined not more than one thousand dollars, or
confined in the county or regional jail not less than nine months
nor more than one year, or
both fined and imprisoned.
(e)
A person who violates the provisions of this section for
a fourth or subsequent offense is guilty of a felony and,
upon
conviction thereof, shall be fined not more than ten thousand
dollars, or
imprisoned in a state correctional facility not less
than one nor more than five years, or
both fined and imprisoned.
NOTE: The purpose of this bill is to increase the penalty for
indecent exposure and establishes offenses and penalties for second
and subsequent offenses.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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