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Introduced Version House Bill 4130 History

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H. B. 4130

 

         (By Delegates Smith, Lawrence and Hunt)

         [Introduced January 19, 2012; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-14h, relating to crimes against the person; creating the felony criminal offense of sale or purchase of a child; and providing for penalties.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §61-2-14h, to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-14h. Sale or purchase of child; penalties.

    (a) Any person or agency who knowingly offers, gives or agrees to give to another person money, property, service or other thing of value in consideration for the recipient’s locating, providing or procuring a minor child for any purpose which entails a transfer of the legal or physical custody of the child is guilty of a felony and, subject to fine and imprisonment as provided herein.

    (b) Any person who knowingly receives, accepts or offers to accept money, property, service or other thing of value to locate, provide or procure a minor child for any purpose which entails a transfer of the legal or physical custody of the child, is guilty of a felony and, subject to fine and imprisonment as provided herein.

    © Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year nor more than ten years or confined in jail not more than one year and fined not less than $2,000 nor more than $10,000.

    (d) A child whose parent, guardian or custodian has sold or attempted to sell the child in violation of the provisions of this article may be deemed an abused child as defined by section three, article one, chapter forty-nine of this code. The court may place the child in the custody of the Department of Health and Human Resources or with a responsible person as the best interests of the child dictate.

    (e) Under no circumstances may this section be construed as superseding or in any way affecting the provisions of section 803, article twenty-two, chapter forty-eight of this code dealing with adoption and prohibiting the purchase or sale of a child.

    The provisions of this section shall govern and control as to any offenses committed in violation of this section on and after the effective date of this section, and the provisions of section 803, article twenty-two, chapter forty-eight of this code, shall govern and control as to any offenses committed in violation of this section prior to the effective date of this section, with like effect as to those prior offenses as if this section had not been enacted.


    NOTE: The purpose of this bill is to create a separate criminal offense for the sale or purchase of a child from the offense contained in Article 22, Chapter 48 of the Code relating to adoptions. It creates a felony offense after the effective date of this section.



    This section is new; therefore, it has been completely underscored.

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