H. B. 2783
(By Delegates Rodighiero, Reynolds, Louisos,
Butcher, Shook, Eldridge and Stowers)
[Introduced January 13, 2010; 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 §61-2-31, relating to
creating a criminal felony offense of aggravated assault or
battery of a child or a person who is mentally incapacitated.
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 §61-2-31, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Assault, battery on child under fifteen years of age or
mentally incapacitated person; penalties.
(a) If any person commits an assault as defined in subsection
(b), section nine of this article, to the person of a child under
the age of fifteen years or to the person of someone who is
mentally incapacitated, regardless of age, the offender is guilty
of a felony and, upon conviction thereof, shall be fined not less
than $1,000 nor more than $3,000, and imprisoned in a state
correctional facility for not less than one year nor more than three years, or both fined and imprisoned.
(b) If any person commits a battery, as defined in subsection
(c), section nine of this article, against the person of a child
under the age of fifteen years or to the person of someone who is
mentally incapacitated, regardless of age, the offender is guilty
of a felony and, upon conviction thereof, shall be fined not less
than $3,000 nor more than $10,000, and imprisoned in a state
correctional facility for not less than one year nor more than five
years, or both fined and imprisoned.
NOTE: The purpose of this bill is to creating a criminal
felony offense of aggravated assault or battery of a child or a
person who is mentally incapacitated.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.