H. B. 4467
(By Delegates Collins, Kuhn
and Williams)
[Introduced February 18, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections five and seven, article
eight-b, chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to raising the maximum penalty for sexual assault in the
third degree and sexual abuse in the first degree from five
years to ten years; and providing for imprisonment in a
correctional facility.
Be it enacted by the Legislature of West Virginia:
That sections five and seven, article eight-b, chapter
sixty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-5. Sexual assault in the third degree.
(a) A person is guilty of sexual assault in the third degree when:
(1) Such person engages in sexual intercourse or sexual
intrusion with another person who is mentally defective or
mentally incapacitated; or
(2) Such person, being sixteen years old or more, engages in
sexual intercourse or sexual intrusion with another person who is
less than sixteen years old and who is at least four years
younger than the defendant.
(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 a correctional facility not
less than one year nor more than
five ten years, or fined not
more than ten thousand dollars and imprisoned in
the penitentiary
a correctional facility not less than one year nor more than
five
ten years.
§61-8B-7. Sexual abuse in the first degree.
(a) A person is guilty of sexual abuse in the first degree
when:
(1) Such person subjects another person to sexual contact
without their consent, and the lack of consent results from
forcible compulsion; or
(2) Such person subjects another person to sexual contact
who is physically helpless; or
(3) Such person, being fourteen years old or more, subjects another person to sexual contact who is eleven years old or less.
(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 a correctional facility not
less than one year nor more than
five ten years, or fined not
more than ten thousand dollars and imprisoned in
the penitentiary
a correctional facility not less than one year nor more than
five
ten years.
NOTE: The purpose of this bill is to raise the maximum
penalty for sexual assault in the third degree and sexual abuse
in the first degree from five to ten years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.