H. B. 4287
(By Delegates, D. Walker, Lawrence,
Butcher, Armstead, Martin, Hall,
Eldridge)
[Introduced February 2, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3C-14b of the Code of West
Virginia, 1931, as amended, relating to the West Virginia
Computer Crime and Abuse Act; and providing that a person
convicted of a crime against a minor is denied Internet access
as part of punishment and penalty.
Be it enacted by the Legislature of West Virginia:
That §61-3C-14b of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14b. Soliciting, etc. a minor via computer; penalty.
(a) 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 known or believed to be at least
four years younger than the person using the computer or a person
he or she believes to be such a minor, to commit any illegal act
proscribed by the provisions of article eight, eight-b, eight-c or
eight-d of this chapter, or any felony 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 $5,000 or imprisoned in a state correctional facility not less
than two nor more than ten years, or both.
(b) In addition to the penalty provided by this section, upon
conviction, probation or parole, or as an additional term of
release, the defendant may not have access to Internet.
NOTE: The purpose of this bill is to provide that persons
convicted of a crime, under the provisions of the West Virginia
Computer Crime and Abuse Act, against minors are denied Internet
access as part of punishment and penalty for that crime.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.