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 definitions and penalties for various offenses, including child abuse resulting in bodily injury and serious bodily injury, as well as child neglect that leads to similar outcomes. Notably, the bill increases the potential prison sentences for these offenses, with a felony conviction for causing bodily injury now carrying a sentence of 2 to 10 years, and for serious bodily injury, 5 to 15 years. Additionally, it introduces a provision that allows for increased penalties for individuals with prior convictions under these sections.

The bill also establishes a clearer framework for misdemeanor offenses, with penalties for first-time offenders and those with prior convictions. For example, a first-time offender may face fines and jail time, while subsequent offenses could lead to felony charges with harsher penalties. Furthermore, the bill includes provisions for individuals convicted of a second or subsequent felony offense, allowing for doubled penalties. It also allows for the possibility of requiring convicted individuals to complete various counseling or educational programs, while ensuring that such convictions do not automatically restrict parental rights. Overall, the bill seeks to strengthen the legal consequences for child abuse and neglect while providing some flexibility in sentencing and rehabilitation options.

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