Senate Bill No. 106
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 17, 2000; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section seven, article eight-b, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to sexual abuse in
the first degree; and extending the maximum sentence from five
years to ten years.
Be it enacted by the Legislature of West Virginia:
That section 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 to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§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 sentenced to the division of
corrections for a period not less than one year nor more than five
ten years, or fined not more than ten thousand dollars and
imprisoned in the penitentiary sentenced to the division of
corrections for a period not less than one year nor more than five
ten years.
NOTE: The purpose of this bill is to extend the maximum
sentence from five to ten years to provide for a period of time
that the sex offender will be supervised on parole upon release.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.