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Introduced Version House Bill 2550 History

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hb2550 intr
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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