Senate Bill No. 466
(By Senators Love, Helmick, Schoonover, Hunter, Ross and
Snyder)
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[Introduced February 8, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section eight, article eight-b,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
a criminal penalty for a correctional worker who subjects an
incarcerated or supervised individual to sexual contact.
Be it enacted by the Legislature of West Virginia:
That section eight, 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-8. Sexual abuse in the second degree.
(a) A person is guilty of sexual abuse in the second degree
when such the person subjects another person to sexual contact who is mentally defective or mentally incapacitated.
(b) A person working in a correctional institution,
correctional unit or jail is guilty of sexual abuse in the second
degree when the person subjects an incarcerated person or other
person under the supervision of the correctional institution,
correctional unit or jail to sexual contact, regardless of
whether the person agrees to the sexual contact.
(c) Any person who violates the provisions of this section
shall be is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in the county or regional jail not
more than twelve months, or fined not more than five hundred
dollars and confined in the county or regional jail not more than
twelve months.
NOTE: The purpose of this bill is to provide a criminal
penalty for a correctional worker who subjects an incarcerated or
supervised individual to sexual contact.
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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