ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 148
(Senators Prezioso, Yoder, Foster, Stollings, Kessler and Hunter, original
sponsors)
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[Passed February 26, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §61-8-9 of the Code of West Virginia,
1931, as amended, relating to providing that breast feeding a
child in public or private shall not be considered public
indecency.
Be it enacted by the Legislature of West Virginia:
That §61-8-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such person
intentionally exposes his or her sex organs or anus or the sex
organs or anus of another person, or intentionally causes such
exposure by another or engages in any overt act of sexual gratification and does so under circumstances in which the person
knows that the conduct is likely to cause affront or alarm:
Provided, That it is not considered indecent exposure for a mother
to breast feed a child in any location, public or private.
(b) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail for not more than ninety days, or fined not more
than two hundred fifty dollars or both.
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