H. B. 4403
(By Delegates Ashley, Stemple,
Amores and L. Smith)
[Introduced February 5, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article eight, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to enhancing
penalties for indecent exposure.
Be it enacted by the Legislature of West Virginia:
That section nine, article eight, 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 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such person
intentionally exposes his or her sex organs or anus or the sex
organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual
gratification, and does so under circumstances in which the person
knows that the conduct is likely to cause affront or alarm.
(b) 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
ninety days, or fined not more than two hundred fifty dollars and
confined in the county or regional
jail not more than ninety days.
(c) A person violating any provision of subsection (a) of this
section is for the second offense under this section, guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county
or regional
jail for a period of not less than six months
nor more than one year, or fined not less than one thousand dollars
nor more than three thousand dollars, or both imprisoned and fined.
(d) A person violating any provision of subsection (a) of this
section is for the third or any subsequent offense under this
section, guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than one
nor more than three years, or not less than three thousand dollars
nor more than five thousand dollars, or both imprisoned and fined.
NOTE: The purpose of this bill is to increase the penalties
for successive convictions upon the crime of indecent exposure.
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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