H. B. 4492


(By Delegates Howard, Caruth,
Sobonya and Armstead)
[Introduced February 16, 2004; referred to the
Committee on the Judiciary.]



A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14b, relating to creating the criminal offense of soliciting a minor via computer and providing for punishment of same.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-3C-14b, to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14b. Soliciting, etc. a minor via computer; penalty.

Any person over the age of eighteen, who knowingly uses a computer to solicit, entice, seduce or lure, or attempt to solicit, entice, seduce or lure, a minor or other person he or she believes to be a minor, to commit any illegal act proscribed under article eight, eight-a, eight-b, eight-c or eight-d of this chapter, or any offense under section four hundred one, article four, chapter sixty-a of this code, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than two years nor more than ten years, fined not more than five thousand dollars, or both.



NOTE: The purpose of this bill is to create a criminal offense for soliciting minors by computer for certain illegal activities and to provide for penalties therefor.

This section is new; therefore, strike-throughs and underscoring have been omitted.