Senate Bill No. 516

(By Senators Jones, Plymale, Humphreys, Wooton and Whitlow)

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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact sections three, four, five, eight and nine, article eight-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to sexual assault in the first, second and third degree and sexual abuse in the second and third degree.

Be it enacted by the Legislature of West Virginia:
That sections three, four, five, eight and nine, 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-3. Sexual assault in the first degree.

(a) A person is guilty of sexual assault in the first degree when:
(1) Such The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:
(i) Inflicts serious bodily injury upon anyone; or
(ii) Employs a deadly weapon in the commission of the act; or
(2) Such The person, being fourteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is eleven fourteen years old or less; or
(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than fifteen nor more than thirty-five years, or fined not less than one thousand dollars nor more than ten thousand dollars and imprisoned in the penitentiary not less than fifteen nor more than thirty-five years.
§61-8B-4. Sexual assault in the second degree.

(a) A person is guilty of sexual assault in the second degree when:
(1) Such The person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or
(2) Such The person engages in sexual intercourse or sexual intrusion with another person who is physically helpless; or
(3) The person engages in sexual intercourse with another person who is mentally defective or mentally incapacitated.
(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty-five years, or fined not less than one thousand dollarsnor more than ten thousand dollars and imprisoned in the penitentiary not less than ten nor more than twenty-five years.
§61-8B-5. Sexual assault in the third degree.

(a) A person is guilty of sexual assault in the third degree when:
(1) Such person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or
(2) Such The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant.
(b) Any person who violates the provisions of this section shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year five years nor more than five fifteen years, or fined not more than ten thousand dollars and imprisoned in the penitentiary not less than one year five years nor more than five fifteen years.
§61-8B-8. Sexual abuse in the second degree.

(a) A person is guilty of sexual abuse in the second degree when such person subjects another person to sexual contact who is mentally defective or mentally incapacitated.
(b) Any person who violates the provisions of this section shall be guilty of a misdemeanor felony, and, upon conviction thereof, shall be confined in the county jail not more than twelve months five years or less than one year, or fined not morethan five hundred dollars and confined in the county jail not more than twelve months five years.
§61-8B-9. Sexual abuse in the third degree.

(a) A person is guilty of sexual abuse in the third degree when he subjects another person to sexual contact without the latter's consent, when such lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen years old.
(b) In any prosecution under this section it is a defense that:
(1) The defendant was less than sixteen years old; or
(2) The defendant was less than four years older than the victim.
(c) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not more than ninety days twelve months, or fined not more than five hundred dollars and confined in the county jail not more than ninety days.



NOTE: The purpose of this bill is to increase the age of a victim of sexual assault in the first degree from eleven years old or more to fourteen years old or more. This bill also expands the offense of sexual assault in the second degree to include victims who are mentally defective or mentally incapacitated. It also increases the penalties for confinement in the penitentiary for sexual abuse in the second degree and sexual assault in the third degree from one to five years to five to fifteen years.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.