This bill aims to enhance the criminal penalties for various offenses against minors in West Virginia, specifically addressing sexual assault, sexual abuse, child neglect, and the distribution of sexually explicit materials involving children. Key changes include increasing the penalties for sexual assault and sexual abuse in the third degree, with offenders facing felony charges and longer prison sentences. For instance, the minimum imprisonment for sexual assault in the third degree is raised from one year to two years, and the maximum from five to ten years. Similarly, the penalties for child neglect resulting in death are also increased, with fines raised from $1,000 to $2,000 and potential imprisonment extended from three years to ten years.

Additionally, the bill introduces new provisions that criminalize the attempt to commit sexual abuse by a person in a position of trust and expands the definition of offenses to include failing to report sexual abuse. It also broadens the scope of individuals who can be charged by including "persons in a position of trust" alongside parents and guardians. The penalties for sending or distributing materials depicting children in sexually explicit conduct are also heightened, with maximum imprisonment increased from two to four years and fines raised from $400 to $800. Overall, the bill reflects a significant tightening of laws aimed at protecting minors from sexual exploitation and abuse.

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-4a, 61-8D-5, 61-8D-6
Engrossed Committee Substitute: 61-8B-5, 61-8B-9, 61-8D-4a, 61-8D-5, 61-8D-6