This 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 legislation clarifies that indecent exposure includes the willful display of one's nude genitalia and removes the previous exemption for breastfeeding, which is no longer deemed necessary. 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, with updated registration requirements mandating in-person registration and detailed personal information submission.

Additionally, the bill revises sentencing laws for individuals with prior convictions, stipulating that those with two prior convictions for similar offenses will face life imprisonment in a state correctional facility. However, it clarifies that if the prior convictions arise from the same transaction or series of transactions, they will be treated as a single offense for sentencing. The bill also introduces a provision that excludes the most recent qualifying offense from consideration if more than 20 years have elapsed since the individual was released from imprisonment or completed supervised release related to that offense, ensuring that older offenses do not disproportionately affect the sentencing of rehabilitated individuals.

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