Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 740 History

DOWNLOAD  wpd  |  Email


sb740 intr
Senate Bill No. 740

(By Senator Green)

____________

[Introduced March 23, 2009; referred to the Committee on the Judiciary.]

____________




A BILL to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to obscene, anonymous, harassing and threatening communications by computer; and penalty.

Be it enacted by the Legislature of West Virginia:
That §61-3C-14a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14a. Obscene, anonymous, harassing and threatening communications by computer; penalty.

(a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer to:
(1) Make contact with another without disclosing his or her identity by sending a message to the person on an electronic mail, media or other computerized communication system with the intent to harass or abuse;
(2) Make contact with a person after being requested by the person to desist from contacting them;
(3) Threaten to commit a crime against any person or property; or
(4) Cause obscene material to be delivered or transmitted to a specific person after being requested to desist from sending such material.
For purposes of this section, "obscene material" means material that:
(A) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;
(B) An average person, applying contemporary adult community standards, would find, depicts or describes, in a patently offensive way, sexually explicit conduct consisting of an ultimate sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals or sadomasochistic sexual abuse; and
(C) A reasonable person would find, taken as a whole, lacks literary, artistic, political or scientific value.
(b) It is unlawful for any person to knowingly permit a computer under his or her control to be used for any purpose prohibited by this section.
(c) Any offense committed under this section may be determined to have occurred at the place at which the contact originated or the place at which the contact was received or intended to be received.
(d) Any person who violates a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in a county or regional jail not more than six months, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in a county or regional jail for not more than one year, or both. For a third or subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or confined in a regional jail for not more than two years, or both.


NOTE: The purpose of this bill is to provide that a third or subsequent offense under this section is a felony and, provide penalties of imprisonment for not more than two years, a fine of not more than $5,000, or both.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****