H. B. 2193
(By Delegates Wysong, Tabb, Doyle,
Marshall, Moore and Longstreth)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-8D-3 of the Code of West Virginia,
1931, as amended, relating to the offense of child abuse; and
increasing the penalties therefor.
Be it enacted by the Legislature of West Virginia:
That §61-8D-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3. Child abuse resulting in injury; child abuse or neglect
creating risk of injury; criminal penalties.
(a) If any parent, guardian or custodian
shall abuse abuses a
child and
by such abuse cause thereby causes such child bodily
injury, as
such term is defined in section one, article eight-b of
this chapter,
then such the parent, guardian or custodian
shall be
is guilty of a felony and, upon conviction thereof, shall be fined
not less than one hundred nor more than one thousand dollars and committed to the custody of the Division of Corrections for not
less than
one two nor more than
five ten years, or in the
discretion of the court, be confined in
the county or regional jail
for not more than
one year two years.
(b) If any parent, guardian or custodian
shall abuse abuses a
child and
by such abuse cause thereby causes said child serious
bodily injury, as
such term is defined in section one, article
eight-b of this chapter,
then such the parent, guardian or
custodian
shall be is guilty of a felony and, upon conviction
thereof, shall be fined not less than one thousand nor more than
five thousand dollars and committed to the custody of the Division
of Corrections not less than two nor more than ten years.
(c) Any person who abuses a child and by the abuse creates a
substantial risk of serious bodily injury or of death to the child
is guilty of a felony and, upon conviction thereof, shall be fined
not more than three thousand dollars and confined to the custody of
the Division of Corrections for not less than
one two nor more than
five ten years.
NOTE: The purpose of this bill is to increase the penalties
for child abuse.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
