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Introduced Version Senate Bill 205 History

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Senate Bill No. 205

(By Senators Palumbo, Fitzsimmons, Beach, Chafin, Wells and Plymale)

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         [Introduced February 18, 2013; referred to the Committee on the Judiciary          .]                            

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13g, relating to juvenile proceedings; proscribing juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.
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 §49-5-13g, to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13g. Prohibiting juveniles from manufacturing, possessing, and distributing nude or partially nude images of minors; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.
 (a) For the purposes of this section, the words or terms defined in this subsection have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context:
 (1) A "minor fully or partially nude" means a male or female
under the age of eighteen years who is either clothed or unclothed so that:
 (A) All, or any part of, his or her genitals, pubic area or buttocks is visible; or
 (B) In the case of a female only, a part of a nipple of her breast is visible and is without a fully opaque covering;
 (2) To "visually portray" a person means to create a reproducible image of that person or of oneself by means of:
 (A) A photograph;
 (B) A motion picture;
 (C) A digital image;
 (D) A digital video recording; or
 (E) Any other mechanical or electronic recording process or device that can preserve, for later viewing, a visual image of a person that includes, but is not limited to, computers, cellphones, PDA's, and other digital storage devices;
 (3) A "minor engaged in a sexual act" means a male or female under the age of eighteen years who is either clothed or unclothed so that:
 (A) In the case of a female only, the female minor is simulating a sexual act by using any object to open and expose the inner lining of the vagina or anus of themselves or another, or simulates masturbation with any object on themselves or another, or uses any object to penetrate the vagina or anus of themselves or another, or performs oral sex on another; or
 (B) In the case of a male only, the male minor is simulating a sexual act by using any object to open and expose the inner lining of the anus of themselves or another or the inner lining of the vagina of another, or simulates masturbation with any object on themselves or another, or uses any object to penetrate the vagina of another or anus of themselves or another, or performs oral sex on another.
 (b) It is unlawful for a minor to manufacture a visual portrayal of oneself or another minor fully or partially nude.
 (c) It is unlawful for a minor to knowingly possess a visual portrayal of another minor fully or partially nude.
 (d) It is unlawful for a minor to knowingly display or distribute to another a visual portrayal of oneself or another minor fully or partially nude.
 (e) It is unlawful for a minor to knowingly cause, use, persuade, induce, entice or coerce another minor to violate or assist in a violation of this section.
 (f) It is unlawful for a minor, being fourteen years of age or older, to commit a violation of subsection (b), (c), (d) or (e) of this section, and in the commission thereof to knowingly involve "another minor" as prohibited in said subsections, where the other minor is less than twelve years of age, and where the violator knew or had reason to know of the other minor's age.
 (g) It is unlawful for a minor to commit a violation of subsection (b), (c), (d) or (e) of this section, in which a sexual act is visually portrayed as prohibited in said subsections.
 (h) Notwithstanding the definitions in section four, article one, chapter forty-nine of this code, a minor who violates the provisions of this section shall be adjudged a juvenile delinquent, and disposition may be made by the circuit court consistent with the provisions of article five, chapter forty-nine of this code, which may also include commitment to the custody of the Director of the Division of Juvenile Services for a period of not more than six months; Provided, That disposition for a violation of subsections (f) and (g) of this section may also include commitment to the custody of the Director of the Division of Juvenile Services for a period of not more than one year.
 (i) A minor who is adjudged a juvenile delinquent by virtue of having committed a second or subsequent violation of this section, in addition to the dispositions available in subsection (h) of this section, may also be committed to the custody of the Director of the Division of Juvenile Services for a period of not more than one year.

 NOTE: The purpose of this bill is to proscribing juveniles from manufacturing, possessing, and distributing nude or partially nude images of minors; declare a violation to be an act of juvenile delinquency; and provide for the punishment thereof.


  This section is new; therefore, strike-throughs and underscoring have been omitted.
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