This bill aims to amend the criminal penalties associated with child abuse and neglect in West Virginia, specifically targeting parents, guardians, custodians, or individuals in a position of trust. It modifies the penalties for various offenses, including child abuse resulting in bodily injury and serious bodily injury, as well as child neglect that leads to similar outcomes. Notably, the bill introduces increased penalties for individuals with prior convictions under these sections, establishing a clearer framework for repeat offenders. The definitions of bodily injury and serious bodily injury are referenced from existing law, ensuring consistency in legal terminology.

Key changes include the adjustment of fines and imprisonment terms for different levels of offenses. For instance, the minimum imprisonment for child abuse resulting in bodily injury is increased from one year to two years, while the maximum term is extended from five to ten years. Additionally, the bill allows for the possibility of doubling penalties for individuals convicted of second or subsequent felony offenses. It also introduces provisions for misdemeanor offenders, allowing for the potential requirement of parenting classes or counseling, while clarifying that such convictions do not automatically restrict custody or visitation rights. Overall, the bill seeks to strengthen the legal consequences for child abuse and neglect while providing avenues for rehabilitation.

Statutes affected:
Introduced Version: 61-8D-3, 61-8D-4