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 clarifies the definition of indecent exposure by specifying the body parts involved and removes the previous exemption for breastfeeding. The legislation introduces enhanced penalties for repeat offenders, with a third offense leading to felony charges, fines up to $3,000, and imprisonment for one to five years. Additionally, those convicted of this new offense will be required to register as sex offenders, with updated registration requirements that mandate in-person registration and detailed personal information.

Furthermore, the bill revises sentencing laws for individuals with prior convictions, establishing that those with two prior convictions for similar offenses will face life imprisonment, unless the prior offenses are from the same transaction. It also includes a provision that allows for the exclusion of the most recent qualifying offense from consideration if more than 20 years have passed since the individual was released from imprisonment or completed supervision related to that offense. This aims to ensure that older offenses do not negatively impact the sentencing of individuals who have shown significant rehabilitation over time.

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