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Introduced Version House Bill 2735 History

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H. B. 2735

 

         (By Delegates Rodighiero, Reynolds, Butcher

                         and Stowers)


         [Introduced January 21, 2011; 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 crimes against the person; creating a criminal felony offense of aggravated assault or battery of a child or a person who is mentally incapacitated; and providing penalties.

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.


    This section is new; therefore, it has been completely underscored.

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