The proposed bill amends the Code of West Virginia to create a new felony offense of indecent exposure, specifically targeting adults who intentionally expose their sex organs or anus to individuals under the age of 16 for sexual gratification. The bill clarifies that indecent exposure includes the willful display of one's nude genitalia and removes the previous exemption for breastfeeding, which is now considered unnecessary. Enhanced penalties are established for repeat offenders, with a third offense leading to felony charges, fines up to $3,000, and imprisonment for one to five years. Furthermore, individuals convicted of this new offense will be required to register as sex offenders.

In addition to the new offense, the bill revises existing legal language regarding the registration process for sex offenders, emphasizing timely registration and the responsibilities of law enforcement and the courts in notifying individuals of their duties. It also addresses sentencing for individuals with prior convictions, mandating life imprisonment for those convicted twice of similar qualifying offenses. The bill clarifies that prior convictions from the same transaction will be treated as a single offense and introduces a provision that excludes the most recent qualifying offense from consideration if more than 20 years have passed since the individual was released from imprisonment or completed supervision, ensuring that older offenses do not negatively impact the sentencing of rehabilitated individuals.

Statutes affected:
Introduced Version: 61-8-9
Committee Substitute: 15-12-2, 61-8-9, 61-11-18