Senate Bill No. 591
(By Senator Oliverio, By Request)
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[Introduced February 18, 1998; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section six, article eight-b, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
penalty for the sexual assault of a spouse.
Be it enacted by the Legislature of West Virginia:
That section six, 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-6. Sexual assault of a spouse.
(a) For the purposes of this subsection:
(1) "Sexual intercourse" means any act between persons
married to each other involving penetration, however slight, of
the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of his
or her spouse.
(2) "Sexual intrusion" means any act between persons married
to each other involving penetration of the female sex organ or of
the anus of either person by an object for the purpose of
degrading or humiliating the person so penetrated or for
gratifying the sexual desire of either party.
(b) A person is guilty of sexual assault of a spouse when
such person engages in sexual penetration or sexual intrusion
with his or her spouse without the consent of such spouse; and
(i) The lack of consent results from forcible compulsion; or
(ii) Such person inflicts serious bodily injury upon anyone;
or
(iii) Such person employs a deadly weapon in the commission
of the offense.
(c) Any person who violates the provisions of this section
shall be is guilty of a felony and, upon conviction thereof,
shall be confined in the penitentiary not less than two nor more
than ten years fifteen nor more than thirty-five years, or fined
not more than five ten thousand dollars and confined in the
penitentiary not less than two nor more than ten years.
NOTE: This bill increases the penalty for the sexual assault
of a spouse to the same penalty for a sexual assault in the first
degree.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.