WEST virginia legislature

2023 regular session

Committee Substitute

for

Senate Bill 540

By Senators Trump, Stover, Deeds, Rucker, Hamilton, and Smith

[Originating in the Committee on the Judiciary; reported on February 25, 2023]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-32, relating to the creation of the misdemeanor offense of willfully urinating or defecating in public; creating an exception for public restrooms; establishing criminal penalties; and clarifying that a person may be charged for the offense by citation.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY, AND DECENCY.

§61-8-32. Public urination and defecation; penalty.

(a) Any person who willfully urinates or defecates in a public place, other than a public restroom, under circumstances where he or she knows or should know will likely cause affront or alarm to a reasonable person, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than 90 days, or fined not more than $500, or both confined and fined.

(b) The provisions of §61-1-5a of this code are applicable to this offense.