WEST virginia Legislature

2018 regular session

Introduced

Senate Bill 250

By Senators Azinger and Cline

[ Introduced January 11, 2018; Referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-2-9 of the Code of West Virginia, 1931, as amended, relating to creating the crime of aggravated malicious wounding; making the crime a felony; and establishing a penalty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-9.  Malicious or unlawful assault; assault; battery; penalties.

(a) If any person maliciously shoots, stabs, cuts or wounds any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill, he or she, except where it is otherwise provided, is guilty of a felony and, upon conviction thereof, shall be punished by confinement in a state correctional facility not less than two nor more than ten years.  If the act is done unlawfully, but not maliciously, with the intent aforesaid, the offender is guilty of a felony and, upon conviction thereof, shall either be imprisoned in a state correctional facility not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding $500.

(b) Aggravated malicious wounding. – (1) If any person maliciously shoots, stabs, cuts or wounds any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill and the victim is severely injured and suffers significant and permanent physical impairment, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than five nor more than fifteen years.

(2) If any person maliciously shoots, stabs, cuts or wounds a pregnant woman, or by any means cause her bodily injury with intent to maim, disfigure, disable or kill and the victim is severely injured and suffers significant and permanent physical impairment or results in an involuntary termination of the pregnancy, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than five nor more than fifteen years.

(b) (c) Assault. — Any person who unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act that places another in reasonable apprehension of immediately receiving a violent injury is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months or fined not more than $100, or both fined and confined.

(c) (d) Battery. — Any person who unlawfully and intentionally makes physical contact of an insulting or provoking nature to the person of another or unlawfully and intentionally causes physical harm to another person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than twelve months or fined not more than $500, or both fined and confined.

(d) (e) Any person convicted of a violation of subsection (b) or (c) of this section who has, in the ten years prior to the conviction, been convicted of a violation of either subsection (b) or (c) of this section where the victim was a current or former spouse, current or former sexual or intimate partner, a person with whom the defendant has a child in common, a person with whom the defendant cohabits or has cohabited, a parent or guardian or the defendant’s child or ward at the time of the offense or convicted of a violation of §61-2-28 of this code or has served a period of pretrial diversion for an alleged violation of subsection (b) or (c) of this section or §61-2-28 of this code when the victim has a present or past relationship, upon conviction, is subject to the penalties set forth in §61-2-28 of this code for a second, third or subsequent criminal act of domestic violence offense, as appropriate.

NOTE: This purpose of this bill is to create the crime of aggravated malicious wounding. The bill makes the crime a felony and, establishes a penalty.

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