H. B. 2528
(By Delegates D. Walker, Lawrence, Butcher,
Armstead, Martin and Hall)
[Introduced January 18, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3C-14b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Computer Crime and Abuse Act; and providing that a person convicted of a crime against a minor is denied Internet access as part of punishment and penalty.
Be it enacted by the Legislature of West Virginia:
That §61-3C-14b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14b. Soliciting, etc. a minor via computer; penalty.
(a) Any person over the age of eighteen, who knowingly uses a computer to solicit, entice, seduce or lure or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer or a person he or she believes to be such a minor, to commit any illegal act proscribed by the provisions of article eight, eight-b, eight-c or eight-d of this chapter, or any felony offense under section four hundred one, article four, chapter sixty-a of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both.
(b) In addition to the penalty provided by this section, upon conviction, probation or parole, or as an additional term of release, the defendant may not have access to Internet.
NOTE: The purpose of this bill is to provide that persons convicted of a crime, under the provisions of the West Virginia Computer Crime and Abuse Act, against minors are denied Internet access as part of punishment and penalty for that crime.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.