This bill aims to amend and reenact several sections of the Code of West Virginia to increase the criminal penalties associated with various sexual offenses, particularly those involving children. Key changes include elevating the penalties for sexual assault and sexual abuse in the third degree, with offenders facing longer prison sentences and higher fines. Specifically, the bill proposes that individuals convicted of sexual assault in the third degree face a minimum of two years and a maximum of ten years in prison, along with fines up to $20,000. Similarly, the penalties for sexual abuse in the third degree will now classify the offense as a felony, with a minimum imprisonment of one year and a maximum of three years, alongside fines reaching $1,000.

Additionally, the bill introduces new provisions that make it a felony for parents, guardians, or custodians to fail to report instances of sexual assault or abuse against a child. It also expands the definition of offenses related to sexual exploitation, clarifying that attempts to engage in such conduct are punishable. The bill further stipulates that individuals in a position of trust who engage in or attempt to engage in sexual conduct with a child, regardless of the child's consent or lack of injury, will face severe penalties, including imprisonment of up to 40 years for certain offenses. Overall, the legislation seeks to strengthen protections for children and impose stricter consequences for those who exploit or abuse them.

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