The bill amends sections 61-8D-3 and 61-8D-4 of the West Virginia Code, focusing on the criminal penalties for child abuse and neglect by parents, guardians, custodians, or individuals in a position of trust. It establishes increased penalties for those with prior convictions related to child abuse or neglect, defining what constitutes a prior conviction. The penalties for child abuse resulting in bodily injury, serious bodily injury, or creating a substantial risk of death or serious bodily injury are specified, with felony charges leading to imprisonment ranging from two to 15 years, depending on the severity of the offense. Additionally, misdemeanor charges for creating a substantial risk of bodily injury can lead to fines or jail time, with enhanced penalties for repeat offenders.

The bill also addresses child neglect, outlining similar penalties for neglect resulting in bodily injury, serious bodily injury, or substantial risk of death or serious bodily injury. It includes provisions for increased penalties for repeat offenders and allows for the possibility of reduced penalties if neglect is primarily due to financial constraints. Furthermore, individuals convicted of misdemeanors may be required to complete various counseling programs but will not automatically lose custody or visitation rights due to the conviction. Overall, the bill aims to strengthen the legal framework surrounding child abuse and neglect while ensuring that penalties are appropriately scaled based on the severity of the offenses and the offender's history.

Statutes affected:
Introduced Version: 61-8D-3, 61-8D-4
Committee Substitute: 61-8D-3, 61-8D-4
Engrossed Committee Substitute: 61-8D-3, 61-8D-4
Enrolled Committee Substitute: 61-8D-3, 61-8D-4