H.
B.
4650
(By Delegates Preece and H. White (By Request))
[Introduced March 1, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend article eight-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a, relating to crimes and their punishment; sexual offenses; sexual assault by an educator against a student; and providing criminal penalty.
Be it enacted by the Legislature of West Virginia:
That article eight-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five-a, to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
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61
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8B
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5a. Sexual assault in the third degree by a professional
educator on a student.
(a) A person who is a professional educator in any school or institution of higher education in this state is guilty of sexual assault in the third degree when:
Such person, being eighteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is a student at the school or institution of higher education and who is less than eighteen years old.
(b) Any person who violates the provisions of this section is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than five years, or fined not more than ten thousand dollars and imprisoned in the penitentiary not less than one year nor more than five years.
NOTE: The purpose of this bill is to create the criminal offense of sexual assault in the third degree for professional educators at schools or institutions of higher education in this state who have sexual intrusion or intercourse with students who are under the age of 18 years.
Section 5a is new; therefore, strike-throughs and underscoring have been omitted.