This bill aims to amend the Code of West Virginia by introducing a new section, 61-8-19d, which specifically addresses the issue of sexual abuse of animals. It defines "animal" as any nonhuman creature and outlines what constitutes "sexual abuse" in this context. The bill establishes various criminal offenses related to sexual abuse of animals, including engaging in, promoting, or facilitating such acts, as well as possessing animals for the purpose of sexual abuse. Penalties for these offenses vary, with misdemeanors resulting in up to 12 months of jail time and fines ranging from $300 to $2,000, while felonies can lead to imprisonment for one to five years and fines between $1,000 and $5,000, depending on the severity of the offense.

Additionally, the bill mandates the forfeiture of animals owned by individuals convicted of these offenses, along with the requirement to cover the costs associated with their care. It also imposes restrictions on owning animals for a minimum of five years following a misdemeanor conviction and 15 years for a felony conviction. Furthermore, individuals convicted under this section must undergo a psychiatric evaluation before being considered for probation, with the costs of the evaluation borne by the convicted individual unless they are deemed indigent. Overall, the bill seeks to strengthen legal protections for animals against sexual abuse and impose significant consequences for offenders.

Statutes affected:
Introduced Version: 61-8-19d