H. B. 2029
(By Delegates Collins and Williams)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections five and seven, article
eight-b, chapter sixty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to raising the maximum penalty for sexual assault in the
third degree and sexual abuse in the first degree from five
years to ten years; and providing for imprisonment in a
correctional facility.
Be it enacted by the Legislature of West Virginia:
That sections five and 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, all to read as
follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-5. Sexual assault in the third degree.
(a) A person is guilty of sexual assault in the third degree
when:
(1)
Such The person engages in sexual intercourse or sexual
intrusion with another person who is mentally defective or
mentally incapacitated; or
(2)
Such The person, being sixteen years old or more,
engages in sexual intercourse or sexual intrusion with another
person who is less than sixteen years old and who is at least
four years younger than the defendant.
(b) Any person who violates the provisions of this section
shall be is guilty of a felony and, upon conviction thereof,
shall be imprisoned in
the penitentiary a correctional facility
not less than one year nor more than
five ten years, or fined not
more than ten thousand dollars and imprisoned in
the penitentiary
a correctional facility not less than one year nor more than
five
ten years.
§61-8B-7. Sexual abuse in the first degree.
(a) A person is guilty of sexual abuse in the first degree
when:
(1)
Such The person subjects another person to sexual
contact without their consent, and the lack of consent results
from forcible compulsion; or
(2)
Such The person subjects another person to sexual
contact who is physically helpless; or
(3)
Such The 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 is guilty of a felony and, upon conviction thereof,
shall be imprisoned in
the penitentiary a correctional facility
not less than one year nor more than
five ten years, or fined not
more than ten thousand dollars and imprisoned in
the penitentiary
a correctional facility not less than one year nor more than
five
ten years.
NOTE: The purpose of this bill is to raise the maximum
penalty for sexual assault in the third degree and sexual abuse
in the first degree from five to ten years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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