Senate Bill No. 353
(By Senators Burdette, Mr. President, Plymale,
Minard, Sharpe, Ross, Schoonover, Helmick,
Anderson, Whitlow and Boley)
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[Introduced February 15, 1994;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section ten, article eight-b, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting
public indecency and indecent exposure; definitions; and
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section ten, article eight-b, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-10. Public indecency; indecent exposure; penalties.
(a) A person is guilty of public indecency when the person
knowingly or intentionally, in a public place:
(1) Engages in sexual intercourse;
(2) Engages in deviate sexual conduct;
(3) Appears in a state of nudity; or
(4) Fondles his or her genitals or the genitals of another
person.
(b) "Nudity" means the showing of the human male or female
genitals, pubic area, or buttocks with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of
covered male genitals in a discernibly turgid state.
(c) A person is guilty of indecent exposure when the person,
who, in a place other than a public place, with the intent to be
seen by persons other than invitees and occupants of that place:
(1) Engages in sexual intercourse;
(2) Engages in deviate sexual conduct; or
(3) Fondles his or her genitals of the genitals of another
person.
(d) Any person who violates the provisions of this section
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be confined in jail for not more than one year, or fined
not more than five hundred dollars, or both.
NOTE: The purpose of the bill is to create the misdemeanor
offenses of public indecency and indecent exposure and provide
criminal penalties therefore.
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