Introduced Version
Senate Bill 17 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 17
(By Senator McKenzie)
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[Introduced January 14, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-8-9
of the code of West Virginia,
1931, as amended, relating to increasing criminal penalties
for indecent exposure.
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 the
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.
(b) Any A person who violates the provisions of this section shall, for a first offense, be is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in the county or regional
jail not more than ninety days, or fined not more than two hundred
fifty dollars and confined in the county or regional jail not more
than ninety days.
(c) A person who violates the provisions of this section for
a second offense is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county or regional jail not less
than six months nor more than one year or fined not less than five
hundred nor more than one thousand dollars, or both fined and
imprisoned.
(d) A person who violates the provisions of this section for
a third offense is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in the county or regional jail not less
than nine months nor more than one year, or fined not more than one
thousand dollars, or both fined and imprisoned.
(e) A person who violates the provisions of this section for
a fourth or subsequent offense is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional
facility not less than one year nor more than five years, or fined
not more than ten thousand dollars, or both imprisoned and fined.
NOTE: The purpose of this bill is to create increasingly
greater criminal penalties for subsequent offenses of indecent
exposure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.