H. B. 2044


(By Delegate Givens)

[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section nine, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the criminal penalty for indecent exposure; and creating offenses and penalties for second and subsequent offenses.

Be it enacted by the Legislature of West Virginia:

That section nine, article eight, 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 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-9. Indecent exposure.

(a) A person is guilty of indecent exposure when such the person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such the exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm.
(b) Any person who violates the provisions of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two hundred fifty dollars or confined in the county or regional jail not more than ninety days, or fined not more than two hundred fifty dollars and confined in the county jail not more than ninety days both fined and imprisoned.
 (c) A person who violates the provisions of this section for a second offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, or confined in the county or regional jail not less than six months nor more than one year, or both fined and imprisoned.
(d) A person who violates the provisions of this section for a third offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail not less than nine months nor more than one year, or both fined and imprisoned.
(e) A person who violates the provisions of this section for a fourth or subsequent offense is guilty of a felony and, upon conviction thereof, shall be fined not more than ten thousand dollars, or imprisoned in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.


NOTE: The purpose of this bill is to increase the penalty for indecent exposure and establishes offenses and penalties for second and subsequent offenses.

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