ENROLLED
Senate Bill No. 533
(By Senators Kessler, Unger, Minard, Chafin and Plymale)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §61-8D-5 of the Code of West Virginia,
1931, as amended, relating to sex crimes involving a child;
making it unlawful for a parent, guardian, custodian or other
person in a position of trust in relation to a child to
knowingly procure, authorize, or induce another person to
engage in or attempt to engage in prohibited sexual conduct.
Be it enacted by the Legislature of West Virginia:
That §61-8D-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-5. Sexual abuse by a parent, guardian, custodian or person
in a position of trust to a child; parent, guardian,
custodian or person in a position of trust allowing
sexual abuse to be inflicted upon a child; displaying
of sex organs by a parent, guardian, or custodian; penalties.
(a) In addition to any other offenses set forth in this code,
the Legislature hereby declares a separate and distinct offense
under this subsection, as follows: If any parent, guardian or
custodian of or other person in a position of trust in relation to
a child under his or her care, custody or control, shall engage in
or attempt to engage in sexual exploitation of, or in sexual
intercourse, sexual intrusion or sexual contact with, a child under
his or her care, custody or control, notwithstanding the fact that
the child may have willingly participated in such conduct, or the
fact that the child may have consented to such conduct or the fact
that the child may have suffered no apparent physical injury or
mental or emotional injury as a result of such conduct, then such
parent, guardian, custodian or person in a position of trust shall
be guilty of a felony and, upon conviction thereof, shall be
imprisoned in a correctional facility not less than ten nor more
than twenty years, or fined not less than $500 nor more than $5,000
and imprisoned in a correctional facility not less than ten years
nor more than twenty years.
(b) Any parent, guardian, custodian or other person in a
position of trust in relation to the child who knowingly procures,
authorizes, or induces another person to engage in or attempt to
engage in sexual exploitation of, or sexual intercourse, sexual
intrusion or sexual contact with, a child under the care, custody
or control of such parent, guardian, custodian or person in a position of trust when such child is less than sixteen years of
age, notwithstanding the fact that the child may have willingly
participated in such conduct or the fact that the child may have
suffered no apparent physical injury or mental or emotional injury
as a result of such conduct, such parent, guardian, custodian or
person in a position of trust shall be guilty of a felony and, upon
conviction thereof, shall be imprisoned in a correctional facility
not less than five years nor more than fifteen years, or fined not
less than $1,000 nor more than $10,000 and imprisoned in a
correctional facility not less than five years nor more than
fifteen years.
(c) Any parent, guardian, custodian or other person in a
position of trust in relation to the child who knowingly procures,
authorizes, or induces another person to engage in or attempt to
engage in sexual exploitation of, or sexual intercourse, sexual
intrusion or sexual contact with, a child under the care, custody
or control of such parent, guardian, custodian or person in a
position of trust when such child is sixteen years of age or older,
notwithstanding the fact that the child may have consented to such
conduct or the fact that the child may have suffered no apparent
physical injury or mental or emotional injury as a result of such
conduct, then such parent, guardian, custodian or person in a
position of trust shall be guilty of a felony and, upon conviction
thereof, shall be imprisoned in a correctional facility not less
than one year nor more than five years.
(d) The provisions of this section shall not apply to a
custodian or person in a position of trust whose age exceeds the
age of the child by less than four years.