ENGROSSED
Senate Bill No. 51
(By Senator Blatnik)
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[Introduced January 18, 1994;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section five, article eight-d,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to sexual
abuse by a parent, guardian or custodian; and substituting
the word "permit" for the word "procure" to more accurately
reflect the intent of the statute.
Be it enacted by the Legislature of West Virginia:
That section five, article eight-d, 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 8D. CHILD ABUSE.
§61-8D-5. Sexual abuse by a parent, guardian or custodian;
parent, guardian or custodian allowing sexual abuse to be
inflicted upon a child; displaying of sex organs by a
parent, guardian or custodian; penalties.
(a) In addition to any other offenses set forth in thiscode, the Legislature hereby declares a separate and distinct
offense under this subsection, as follows: If any parent,
guardian or custodian of a child under his or her care, custody
or control, shall engage in or attempt to engage in sexual
exploitation of, or in sexual intercourse, sexual intrusion or
sexual contact with, a child under his or her care, custody or
control, notwithstanding the fact that the child may have
willingly participated in such conduct, or the fact that the
child may have consented to such conduct or the fact that the
child may have suffered no apparent physical injury or mental or
emotional injury as a result of such conduct, then such guardian
or custodian shall be guilty of a felony, and, upon conviction
thereof, shall be imprisoned in the penitentiary not less than
five nor more than fifteen years, or fined not less than five
hundred nor more than five thousand dollars and imprisoned in the
penitentiary not less than five years nor more than fifteen
years.
(b) If any parent, guardian or custodian shall knowingly
permit another person to engage in or attempt to engage in sexual
exploitation of, or sexual intercourse, sexual intrusion or
sexual contact with, a child under the care, custody or control
of such parent, guardian or custodian when such child is less
than sixteen years of age, notwithstanding the fact that the
child may have willingly participated in such conduct or the fact
that the child may have suffered no apparent physical injury or
mental or emotional injury as a result of such conduct, suchparent, guardian or custodian shall be 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
less than one thousand nor more than ten thousand dollars and
imprisoned in the penitentiary not less than one year nor more
than five years.
(c) If any parent, guardian or custodian shall knowingly
permit another person to engage in or attempt to engage in sexual
exploitation of, or sexual intercourse, sexual intrusion or
sexual contact with, a child under the care, custody or control
of such parent, guardian or custodian when such child is sixteen
years of age or older, notwithstanding the fact that the child
may have consented to such conduct or the fact that the child may
have suffered no apparent physical injury or mental or emotional
injury as a result of such conduct, then such parent, guardian or
custodian shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in the county jail not less than six
months nor more than one year.
(d) The provisions of this section shall not apply to a
custodian whose age exceeds the age of the child by less than
four years.