Introduced Version
House Bill 2550 History
OTHER VERSIONS -
Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2550
(By Delegates Hunt, Craig, Lane, Barill, Miley, Paxton,
Faircloth, Hamilton, Smith, P., Perry and Moore)
[Introduced February 19, 2013; referred to the
Committee on the Judiciary then Finance.]
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; adding offense of receiving materials depicting
minors in sexually explicit conduct; and enhancing felony
criminal penalty.
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.
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, or who receives not less than five hundred items
of such materials,
for a first offense, is guilty of a felony and,
upon conviction thereof, shall be imprisoned in the penitentiary,
a correctional facility, not more less than two nor more than ten
years, and fined not more than $2,000, or both fined and
imprisoned, with no probation during that term. Any person who
violates the provisions of this section and has been previously
convicted of any sexual offense or previous violation of the
provisions of this section, is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a correctional facility,
not less than five nor more than fifteen years, and fined not more
than $10,000, or both fined and imprisoned, with no probation
during that term
.
NOTE: The purpose of this bill is
add criminal offense of
receiving materials depicting minors in sexually explicit conduct
and
to
enhance the felony criminal penalty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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