WEST virginia legislature

2018 regular session

Introduced

Senate Bill 327

By Senators Weld, Boso, Gaunch, Cline, and Drennan

[Introduced January 18, 2018; Referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-2-13 of the Code of West Virginia, 1931, as amended, relating to the crime of extortion; and providing that extorting anything of value, including sexual contact and sexual intercourse, or an image of an intimate body part qualifies as extortion and subjects a person to a criminal penalty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-13. Extortion or attempted extortion by threats; penalties.

(a) If any A person threaten who threatens injury to the character, person or property of another person, or to the character, person or property of his wife or her spouse or child, or to accuse accuses him or her or them of any an offense, and thereby extort extorts money, pecuniary benefit, or any bond, note or other evidence of debt, or consideration he shall be or she is guilty of a felony and, upon conviction, shall be confined in the penitentiary a correctional facility not less than one nor more than five years. And if any A person make who makes such threat of injury or accusation of an offense as herein set forth, but fail thereby fails to extort money, pecuniary benefit, or any bond, note or other evidence of debt, or consideration, he shall be is guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than 12 months and fined not less than $50 nor more than $500.

(b) For purposes of this article, “consideration” means anything of value, including sexual contact and sexual intercourse as defined in §61-8B-1 of this code, and also includes an image of an intimate body part defined in §61-8-28a of this code.

NOTE: The purpose of this bill is to provide that extorting anything of value, including sexual contact and sexual intercourse, or an image of an intimate body part qualifies as extortion and subjects a person to the criminal penalty for extortion.

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