This bill proposes amendments to several sections of the Code of West Virginia to increase penalties for various sexual offenses, particularly those involving minors. Key changes include elevating the penalties for sexual assault and sexual abuse in the third degree from misdemeanors to felonies, with increased minimum and maximum prison sentences and fines. For instance, the minimum prison sentence for sexual assault in the third degree is raised from one year to two years, and the maximum from five years to ten years. Similarly, the penalties for sexual abuse in the third degree are also adjusted to reflect a felony classification, with a minimum sentence of one year and a maximum of five years, along with increased fines.

Additionally, the bill introduces new provisions regarding sexual abuse by a parent, guardian, custodian, or person in a position of trust, specifying that such individuals can be charged with a felony for engaging in or allowing sexual exploitation of a child, regardless of the child's apparent consent or lack of injury. The penalties for these offenses are also significantly increased, with minimum sentences of 20 years for certain violations. Furthermore, the bill expands the definition of offenses to include failing to report sexual abuse and explicitly includes individuals in positions of trust in the prohibitions against distributing or possessing sexually explicit material involving children. Overall, the bill aims to strengthen legal protections for children against sexual offenses and enhance the consequences for offenders.

Statutes affected:
Introduced Version: 61-8B-5, 61-8B-9, 61-8D-5, 61-8D-6
Committee Substitute: 61-8B-5, 61-8B-9, 61-8D-5, 61-8D-6
Engrossed Committee Substitute: 61-8B-5, 61-8B-9, 61-8D-5, 61-8D-6