Senate Bill No. 42
(By Senator Boley)
____________
[Introduced January 12, 2000; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact section one, article eight-b, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to including
mouth-to-mouth contact between an adult and a minor, under
certain circumstances, as sexual contact.
Be it enacted by the Legislature of West Virginia:
That section one, 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-1. Definition of terms.
In this article, unless a different meaning plainly is required:
(1) "Forcible compulsion" means:
(a) Physical force that overcomes such earnest resistance as
might reasonably be expected under the circumstances; or
(b) Threat or intimidation, expressed or implied, placing a
person in fear of immediate death or bodily injury to himself or
herself or another person or in fear that he or she or another
person will be kidnaped; or
(c) Fear by a person under sixteen years of age caused by
intimidation, expressed or implied, by another person who is at
least four years older than the victim.
For the purposes of this definition "resistance" includes
physical resistance or any clear communication of the victim's
lack of consent.
(2) "Married," for the purposes of this article in addition
to its legal meaning, includes persons living together as husband
and wife regardless of the legal status of their relationship.
(3) "Mentally defective" means that a person suffers from a
mental disease or defect which renders that person incapable of
appraising the nature of his or her conduct.
(4) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her
conduct as a result of the influence of a controlled or
intoxicating substance administered to that person without his or
her consent or as a result of any other act committed upon that
person without his or her consent.
(5) "Physically helpless" means that a person is unconscious
or for any reason is physically unable to communicate
unwillingness to an act.
(6) "Sexual contact" means any intentional touching, either
directly or through clothing, of the anus or any part of the sex
organs of another person, or the breasts of a female or
intentional touching of any part of another person's body by the
actor's sex organs, or mouth-to-mouth contact between an adult
and a minor, where the victim is not married to the actor and the
touching or mouth-to-mouth contact is done for the purpose of
gratifying the sexual desire of either party.
(7) "Sexual intercourse" means any act between persons not
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
another person.
(8) "Sexual intrusion" means any act between persons not
married to each other involving penetration, however slight, of
the female sex organ or of the anus of any person by an object
for the purpose of degrading or humiliating the person so
penetrated or for gratifying the sexual desire of either party.
(9) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition.
(10) "Serious bodily injury" means bodily injury which
creates a substantial risk of death, which causes serious or
prolonged disfigurement, prolonged impairment of health or
prolonged loss or impairment of the function of any bodily organ.
(11) "Deadly weapon" means any instrument, device or thing
capable of inflicting death or serious bodily injury, and
designed or specially adapted for use as a weapon, or possessed,
carried or used as a weapon.
(12) "Forensic medical examination" means an examination
provided to a possible victim of a violation of the provisions of
this article by medical personnel qualified to gather evidence of
the violation in a manner suitable for use in a court of law, to
include: An examination for physical trauma; a determination of
penetration or force; a patient interview; and the collection and evaluation of other evidence that is potentially relevant to the
determination that a violation of the provisions of this article
occurred and to the determination of the identity of the
assailant.
NOTE: The purpose of this bill is to include mouth-to-mouth
contact between an adult and a minor in the definition of sexual
contact, where the act is done between unmarried individuals for
the purpose of sexual gratification.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.