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Introduced Version House Bill 2783 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2783


(By Delegates Rodighiero, Reynolds, Louisos,
Butcher, Shook, Eldridge and Stowers)

[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-31, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Assault, battery on child under fifteen years of age or mentally incapacitated person; penalties.

(a) If any person commits an assault as defined in subsection (b), section nine of this article, to the person of a child under the age of fifteen years or to the person of someone who is mentally incapacitated, regardless of age, the offender is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000, and imprisoned in a state correctional facility for not less than one year nor more than three years, or both fined and imprisoned.
(b) If any person commits a battery, as defined in subsection (c), section nine of this article, against the person of a child under the age of fifteen years or to the person of someone who is mentally incapacitated, regardless of age, the offender is guilty of a felony and, upon conviction thereof, shall be fined not less than $3,000 nor more than $10,000, and imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.




NOTE: The purpose of this bill is to creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated.

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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