WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for House Bill 4302
By Delegate Smith [Originating in the Committee on the Judiciary;
January 16, 2024]
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1 A BILL to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as
2 amended, all relating to modifying the criminal penalties imposed on a parent, guardian,
3 custodian, or person in a position of trust in relation to a child for child abuse resulting in
4 bodily injury, serious bodily injury, and child neglect resulting in bodily injury, serious bodily
5 injury, and child abuse or child neglect creating risk of injury; providing that a prior
6 conviction under this section subjects a person to increased penalties; and providing a
7 definition for a prior conviction.
Be it enacted by the Legislature of West Virginia:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal penalties.
1 (a) If any a parent, guardian, or custodian, or person in a position of trust in relation to a
2 child shall abuse abuses a child and by such the abuse cause such causes the child bodily injury
3 as such the term is defined in §61-8B-1 of this code, then such the parent, guardian or custodian
4 shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor
5 more than $1,000 and imprisoned in a state correctional facility for one not less than two nor more
6 than five 10 years, or in the discretion of the court, be confined in jail for not more than one year.
7 (b) If any a parent, guardian, or custodian, or person in a position of trust in relation to a
8 child shall abuse abuses a child and by such the abuse cause said causes the child serious bodily
9 injury as such the term is defined in §61-8B-1 of this code, then such the parent, guardian or
10 custodian shall be is guilty of a felony and, upon conviction thereof, shall be fined not less than
11 $1,000 nor more than $5,000 and committed to the custody of the Division of Corrections
12 imprisoned in a state correctional facility not less than two five nor more than ten 15 years.
13 (c) Any A parent, guardian, or custodian, or person in a position of trust in relation to a child
14 who abuses a child and by the abuse creates a substantial risk of death or serious bodily injury to
15 the child, as serious bodily injury is defined in §61-8B-1 of this code, to the child is guilty of a felony
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16 and, upon conviction thereof, shall be fined not more than $3,000 or imprisoned in a state
17 correctional facility for not less than one two nor more than five 10 years, or both fined and
18 imprisoned.
19 (d)(1) If a parent, guardian, or custodian, or person in a position of trust in relation to a child
20 who has not previously been convicted under this section, section four of this article §61-8D-4 of
21 this code, or a law of another state or the federal government with the same essential elements
22 abuses a child and by the abuse creates a substantial risk of bodily injury, as bodily injury is
23 defined in section one, article eight-b of this chapter §61-8B-1 of this code, to the child is guilty of a
24 misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000
25 or confined in jail not more than six months, or both.
26 (2) For a second offense under this subsection or for a person with one prior conviction
27 under this section, section four of this article or a law of another state or the federal government
28 with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor
29 and, upon conviction thereof, shall be fined not more than $1,500 and confined in jail not less than
30 thirty days nor more than one year, or both
31 (3)(2) For a third or subsequent second offense under this subsection or for a person with
32 two or more one prior convictions under section four of this article §61-8D-4(d) of this code, or a
33 law of another state or the federal government with the same essential elements, the parent,
34 guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more
35 than $3,000 and imprisoned in a state correctional facility not less than one year nor more than
36 three five years, or both.
37 (e) Any person convicted of a second or subsequent felony offense under this section,
38 under §61-8D-4 of this code, or under a law of another state or the federal government with the
39 same essential elements, may be imprisoned for a term up to twice the term otherwise authorized,
40 fined an amount up to twice that otherwise authorized, or both.
41 (e)(f) Any person convicted of a misdemeanor offense under this section:
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42 (1) May be required to complete parenting classes, substance abuse counseling, anger
43 management counseling, or other appropriate services, or any combination thereof, as
44 determined by Department of Health and Human Resources, Bureau for Children and Families
45 through its services assessment evaluation, which shall be submitted to the court of conviction
46 upon written request;
47 (2) Shall May not be required to register pursuant to §15-13-1 et seq. of this code; and
48 (3) Shall May not, solely by virtue of the conviction, have their custody, visitation or parental
49 rights automatically restricted.
50 (f)(g) Nothing in This section shall does not preclude a parent, guardian or custodian from
51 providing reasonable discipline to a child.
§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.
1 (a) If a parent, guardian, or custodian, or person in a position of trust in relation to a child
2 neglects a child and by such neglect causes the child bodily injury, as bodily injury is defined in
3 §61-8B-1 of this code, then the parent, guardian or custodian is guilty of a felony and, upon
4 conviction thereof, shall be fined not less than $100 nor more than $1,000 or imprisoned in a state
5 correctional facility for not less than one nor more than three years, or in the discretion of the court,
6 be confined in jail for not more than one year, or both.
7 (b) If a parent, guardian, or custodian, or person in a position of trust in relation to a child
8 neglects a child and by such neglect cause the child serious bodily injury, as serious bodily injury is
9 defined in §61-8B-1 of this code, then the parent, guardian or custodian is guilty of a felony and,
10 upon conviction thereof, shall be fined not less than $300 nor more than $3,000 dollars or
11 imprisoned in a state correctional facility for not less than one nor more than 10 years, or both fined
12 and imprisoned.
13 (c) If a parent, guardian, or custodian, or person in a position of trust in relation to a child
14 grossly neglects a child and by that gross neglect creates a substantial risk of death or serious
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15 bodily injury, as serious bodily injury is defined in §61-8B-1 of this code, of the child then the
16 parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not
17 less than $1,000 nor more than $3,000 dollars or imprisoned in a state correctional facility for not
18 less than one nor more than five 10 years, or both fined and imprisoned.
19 (d)(1) If a parent, guardian, or custodian, or person in a position of trust in relation to a child
20 who has not been previously convicted under this section, section three of this article §61-8D-3 of
21 this code, or a law of another state or the federal government with the same essential elements
22 neglects a child and by that neglect creates a substantial risk of bodily injury, as defined in section
23 one, article eight-b of this chapter §61-8B-1 of this code, to the child, then the parent, guardian or
24 custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be
25 fined not less than $100 nor more than $1,000 or confined in jail not more than six months, or both
26 fined and confined.
27 (2) For a second offense under this subsection or for a person with one prior conviction
28 under this section, section three of this article or a law of another state or the federal government
29 with the same essential elements, the parent, guardian or custodian is guilty of a misdemeanor
30 and, upon conviction thereof, shall be fined not more than $1,000 and confined in jail not less than
31 thirty days nor more than one year, or both
32 (3)(2) For a third or subsequent second offense under this subsection or for a person with
33 two or more one prior convictions under section three of this article §61-8D-3(d) of this code, or a
34 law of another state or the federal government with the same essential elements, the parent,
35 guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more
36 than $2,000 and imprisoned in a state correctional facility not less than one year nor more than
37 three five years, or both fined and imprisoned.
38 (e) Any person convicted of a second or subsequent felony offense under this section,
39 under §61-8D-3 of this code, or under a law of another state or the federal government with the
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40 same essential elements, may be imprisoned for a term up to twice the term otherwise authorized,
41 fined an amount up to twice that otherwise authorized, or both.
42 (e)(f) The provisions of this section shall may not apply if the neglect by the parent,
43 guardian or custodian is due primarily to a lack of financial means on the part of such parent,
44 guardian or custodian.
45 (f)(g) Any person convicted of a misdemeanor offense under this section:
46 (1) May be required to complete parenting classes, substance abuse counseling, anger
47 management counseling, or other appropriate services, or any combination thereof, as
48 determined by Department of Health and Human Resources, Bureau for Children and Families
49 through its services assessment evaluation, which shall be submitted to the court of conviction
50 upon written request;
51 (2) Shall May not be required to register pursuant to the requirements of §15-13-1 et seq.
52 of this code; and
53 (3) Shall May not, solely by virtue of the conviction, have their custody, visitation or parental
54 rights automatically restricted.
NOTE: The purpose of this bill is to modify the criminal penalties imposed on a parent,
guardian, custodian, or person in a position of trust in relation to a child for child abuse resulting in injury and child abuse or neglect creating risk of injury.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: Introduced Version: 61-8D-3, 61-8D-4
Committee Substitute: 61-8D-3, 61-8D-4