Senate Bill No. 105
(By Senators Tomblin (Mr. President) and Sprouse
By Request of the Executive)
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[Introduced January 17, 2000; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section five, 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 third degree; and extending the maximum sentences from
five years to ten years.
Be it enacted by the Legislature of West Virginia:
That section five, 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-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 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 sentenced to the division of
corrections for a period of not less than one year nor more than
five ten years, or fined not more than ten thousand dollars and
imprisoned in the penitentiary sentenced to the division of
corrections for a period of not less than one year nor more than
five ten years.
NOTE: The purpose of this bill is to extend the maximum
sentence from five to ten years to provide for a period of time
that the sex offender will be supervised on parole upon release.
Strike-throughs indicate language that be stricken from the
present law, and underscoring indicates new language that would be
added.