This bill aims to amend the criminal penalties associated with child abuse and neglect in West Virginia, specifically targeting parents, guardians, custodians, or individuals in a position of trust. It modifies the penalties for child abuse resulting in bodily injury and serious bodily injury, as well as for child neglect that results in similar injuries. Notably, the bill increases the potential prison sentences for these offenses, with felonies now carrying a maximum of 10 to 15 years of imprisonment, depending on the severity of the injury caused. Additionally, it introduces a provision that subjects individuals with prior convictions to increased penalties, defining what constitutes a prior conviction.

The bill also revises the penalties for misdemeanor offenses related to child abuse and neglect, establishing a tiered system based on the number of prior convictions. For first-time offenders, the penalties remain relatively lenient, but subsequent offenses lead to harsher consequences, including potential felony charges. Furthermore, the bill allows for the possibility of increased penalties for individuals convicted of multiple felony offenses, permitting imprisonment for up to twice the standard term. The language changes include the removal of certain terms and the addition of new definitions and provisions to clarify the legal framework surrounding these offenses.

Statutes affected:
Introduced Version: 61-8D-3, 61-8D-4