This bill amends the West Virginia Computer Crime and Abuse Act to establish felony penalties for individuals who use electronic communication devices to threaten acts of violence. Specifically, it introduces a new provision that makes it a felony to threaten to commit a crime of violence that results in the evacuation of buildings or causes serious public alarm or inconvenience. The penalties for this felony include a determinate sentence of two to ten years in a state correctional facility. Additionally, the bill clarifies the criteria for what constitutes a "threat" and specifies that it is not a defense if the offender did not have the ability to carry out the threat.

Furthermore, the bill includes provisions that restrict individuals charged or convicted under this section from residing or being present within 3,000 feet of the victim's property while on bail, probation, or any other form of release. The bill also defines key terms such as "crime of violence" and "serious public alarm or inconvenience," ensuring that the legal framework is clear and comprehensive. Overall, the legislation aims to enhance public safety by imposing stricter penalties for threatening behavior conducted through electronic means.

Statutes affected:
Introduced Version: 61-3C-14a