This bill amends the Code of West Virginia to create a new felony offense of indecent exposure aimed at individuals who intentionally expose their sex organs or anus to minors under 16 for sexual gratification. It specifies that indecent exposure includes the display of one's nude penis, vagina, or anus, and removes the previous exemption for breastfeeding mothers, which is now deemed unnecessary. The bill introduces enhanced penalties for repeat offenders, with a third offense leading to felony charges, fines up to $3,000, and imprisonment of one to five years. Additionally, those convicted of this new felony must register as sex offenders, aligning with existing requirements for other sexual offenses, and establishes that these offenses will qualify for recidivist sentencing enhancements.

Furthermore, the bill revises sentencing laws for individuals with prior convictions, mandating life imprisonment for those convicted twice of similar crimes punishable by imprisonment. It clarifies that prior convictions from the same transaction will be treated as a single offense for sentencing. A new provision is also included to exclude the most recent qualifying offense from consideration if more than 20 years have elapsed 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