COMMITTEE SUBSTITUTE

FOR

H. B. 4492


(By Delegates Howard, Caruth, Sobonya and Armstead)

(Originating in the Committee on the Judiciary)

[March 1, 2004]


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 to commit any illegal act and providing penalties.

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 fined not more than five thousand dollars or imprisoned in a state correctional facility not less than two nor more than ten years, or both fined and imprisoned.