H. B. 2466


(By Delegates Ashley, Stemple and Amores)
[Introduced January 21, 2003; 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 enhancing penalties for indecent exposure.

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 person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such 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 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 or regional jail not more than ninety days.
 (c) A person violating any provision of subsection (a) of this section is for the second offense under this section, guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail for a period of not less than six months nor more than one year, or fined not less than one thousand dollars nor more than three thousand dollars, or both imprisoned and fined.
(d) A person violating any provision of subsection (a) of this section is for the third or any subsequent offense under this section, guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than three years, or fined not less than three thousand dollars nor more than five thousand dollars, or both imprisoned and fined.

NOTE: The purpose of this bill is to increase the penalties for successive convictions upon the crime of indecent exposure.

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