COMMITTEE SUBSTITUTE

FOR

H. B. 2550

(By Delegates Hunt, Craig, Lane, Barill, Miley, Paxton, Faircloth, Hamilton, Smith, P., Perry and Moore)

(Originating in the Committee on the Judiciary)

(March 27, 2013)

A BILL to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes; distribution and exhibiting of material depicting minors in sexually explicit conduct; creating an enhanced felony offense and penalty for possessing, receiving or distributing more than five hundred separate files and materials containing digital, photographed or video images depicting minors in sexually explicit conduct; providing enhanced criminal penalties when the offender was previously convicted of a sexual offense when the victim was a child; and establishing criminal penalties for second or subsequent violations.

Be it enacted by the Legislature of West Virginia:

    That §61-8C-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.

    (a) Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays, or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary, a correctional facility, not more than two years, and fined not more than $2,000, or both fined and imprisoned.

    (b) Any person who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses or displays, or transports more than five hundred separate files or materials containing digital, photographic or video images visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility, not less than eighteen months nor more than five years, and fined not more than $10,000, or both fined and imprisoned.

    (c) Any person who violates the provisions of this section and has been previously convicted of a felony for a sexual offense committed against a victim who was under the age of eighteen at the time of offense shall be imprisoned in a correctional facility, not less than two nor more than ten years, and fined not more than $10,000, or both fined and imprisoned.

    (d) Any person convicted of a second or subsequent violation or the provisions of this section is guilty of a felony, and upon conviction, shall be imprisoned in a correctional facility, not less than two nor more than ten years, and fined not more than $10,000, or both fined and imprisoned.