Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
     2023 REGULAR SESSION
                Introduced Senate Bill 187
              By Senator Clements [Introduced January 13, 2023; referred to the Committee on Education; and then to the Committee on the Judiciary]
     Intr SB 187                                   2023R2546
1    A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
2            designated §61-8B-11b, relating to creating new criminal offenses of sexual contact with,
3            sexual intrusion, or sexual abuse of students by a school employee; and listing the
4            penalties for these offense.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 8B. SEXUAL OFFENSES
     §61-8B-11b. Prohibiting sexual contact, intercourse, or intrusion against students by
             school employees.
1            (a) It shall be a felony offense for any teacher, principal, counselor, coach or other
2    employee of any private or public elementary or secondary school to engage in sexual intercourse,
3    sexual intrusion or sexual contact as defined by chapter §61-8B-1 of this code with any student
4    enrolled in such school regardless of the age of said student. The fact that said student consented
5    to such an act or that the act did not occur on school property or during a school function shall not
6    be a defense.
7            (b) This is a separate and distinct criminal offense from any other applicable offense under
8    this code and the penalties set forth herein shall be in addition to any other penalties for any other
9    applicable offense. The penalty for anyone convicted of this offense shall be not less than 1 nor
10   more than 5 years in prison, and/or a fine of up to $5,000, and shall include the permanent
11   forfeiture of any teaching or other certificate.
             NOTE: The purpose of this bill is to create a new criminal offense regarding sexual contact with, sexual intrusion, or sexual abuse of students by a school employee; and listing the penalties for these offenses.
             Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
                                                         1
Statutes affected: 
Committee Substitute for the Committee Substitute: 61-8B-11b
Enrolled Version: 61-8B-11b
Committee Substitute: 61-8B-11b
Introduced Version: 61-8B-11b