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Introduced Version House Bill 4310 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Introduced

House Bill 4310

By Delegates Eldridge, Maynard, R. Miller, Lovejoy, A. Evans, Diserio, Canestraro, Ferro, Hamilton, Upson and Paynter

[Introduced January 26, 2018; Referred
to the Committee on Health and Human Resources then the Judiciary.]

A BILL to amend and reenact §61-3C-14b of the Code of West Virginia, 1931, as amended, and to amend and reenact §61-8C-3 of said code, all relating to mandating cognitive behavioral therapy for persons convicted of distribution and exhibiting of material depicting minors engaged in sexually explicit conduct and soliciting or soliciting and travelling to engage a minor in prohibited sexual activity.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.


§61-3C-14b.  Soliciting, etc. a minor via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; penalties.


(a) Any person over the age of 18, who knowingly uses a computer to solicit, entice, seduce or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer or a person he or she believes to be such a minor, in order to engage in any illegal act proscribed by the provisions of article eight, eight-b, eight-c or eight-d of this chapter, or any felony offense under section §60-A-8-401 of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than 10 years, or both.

(b) Any person over the age of 18 who uses a computer in the manner proscribed by the provisions of subsection (a) of this section and who additionally engages in any overt act designed to bring himself or herself into the minor’s, or the person believed to be a minor’s, physical presence with the intent to engage in any sexual activity or conduct with such a minor that is prohibited by law, is guilty of a felony and shall be fined not more than $25,000 or imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than 30 years, or both: Provided, That subsection (a) shall be deemed a lesser included offense to that created by this subsection.

(c) Any person who violates the provisions of subsection (a) or (b) of this section shall be required to undergo cognitive behavioral therapy while in the custody or control of the Department of Corrections for such violation.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.


§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.

(a) Any person who, knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony.

(b) Any person who violates the provisions of subsection (a) of this section when the conduct involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility for not more than two years or fined not more than $2,000 or both.

(c) Any person who violates the provisions of subsection (a) of this section when the conduct involves more than 50 but fewer than 600 images shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than 10 years or fined not more than $5,000, or both.

(d) Notwithstanding the provisions of subsections (b) and (c) of this section any person who violates the provisions of subsection (a) of this section when the conduct involves 600 or more images or depicts violence against a child or a child engaging in bestiality shall, upon conviction, be imprisoned in a state correctional facility for not less than five nor more than 15 years or fined not more than $25,000, or both.

(e) For purposes of this section each video clip, movie or similar recording of five minutes or less shall constitute 75 images. A video clip, movie or similar recording of a duration longer than five minutes shall be deemed to constitute 75 images for every two minutes in length it exceeds five minutes.

(f) Any person who violates the provisions of subsection (a) of this section shall be required to undergo cognitive behavioral therapy while in the custody or control of the Department of Corrections for such violation.

NOTE: The purpose of this bill is to require cognitive behavioral therapy for those who have violated the law for computer sex crimes.

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

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