H. B. 2029


(By Delegates Collins and Williams)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact sections five and seven, article eight-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to raising the maximum penalty for sexual assault in the third degree and sexual abuse in the first degree from five years to ten years; and providing for imprisonment in a correctional facility.

Be it enacted by the Legislature of West Virginia:
That sections five and seven, article eight-b, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-5. Sexual assault in the third degree.

(a) A person is guilty of sexual assault in the third degree when:
(1) Such The 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 is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a correctional facility not less than one year nor more than five ten years, or fined not more than ten thousand dollars and imprisoned in the penitentiary a correctional facility not less than one year nor more than five ten years.
§61-8B-7. Sexual abuse in the first degree.

(a) A person is guilty of sexual abuse in the first degree when:
(1) Such The person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or
(2) Such The person subjects another person to sexual contact who is physically helpless; or
(3) Such The person, being fourteen years old or more, subjects another person to sexual contact who is eleven years old or less.
(b) Any person who violates the provisions of this section shall be is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary a correctional facility not less than one year nor more than five ten years, or fined not more than ten thousand dollars and imprisoned in the penitentiary a correctional facility not less than one year nor more than five ten years.


NOTE: The purpose of this bill is to raise the maximum penalty for sexual assault in the third degree and sexual abuse in the first degree from five to ten years.

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