Bill Text: WV HB4694 | 2022 | Regular Session | Introduced

West Virginia House Bill 4694 (Prior Session Legislation)

Introduced

Bill Title: Relating to dangerous crimes against children

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2022-02-15 - To House Judiciary [HB4694 Detail]

Download: West_Virginia-2022-HB4694-Introduced.html

WEST virginia legislature

2022 regular session FISCAL NOTE

Introduced

House Bill 4694

By Delegates Kimble, Pinson, Graves, Pritt, G. Ward, Conley, Burkhammer, Mazzocchi, Kessinger, Phillips, and Keaton

[Introduced February 15, 2022; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §61-8B-9a of the Code of West Virginia, 1931, as amended; to amend and reenact §61-8C-2 of said code; and to amend and reenact §61-14-2 of said code, all relating to dangerous crimes against children; and ensuring that stronger criminal penalties are associated with crimes against children.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-9a. Mandatory sentence for person committing certain sex offenses against children.

(a) Notwithstanding the provisions of §62-11A-1a, §62-11B-4 and §62-12-2 of this code, a person shall not be eligible for probation, home incarceration or an alternative sentence provided under this code if they are convicted of an offense under §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8 or §61-8B-9~~, and §61-8B-8b~~ of this code, are 18 years of age or older, the victim is younger than 12 years of age and the finder of fact determines that one of the following aggravating circumstances exists:

(1) The person employed forcible compulsion in commission of the offense;

(2) The offense constituted, resulted from or involved a predatory act as defined in §15-12-2(m) of this code;

(3) The person was armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon and used or threatened to use the weapon or article to cause the victim to submit; or

(4) The person removed the victim from one place to another and did not release the victim in a safe place. For the purposes of this section, "release the victim in a safe place" means release of a victim in a place and manner which realistically conveys to the victim that he or she is free from captivity in circumstances and surroundings wherein aid is readily available.

(b)(1) The existence of any fact which would make any person ineligible for probation under subsection (a) of this section because of the existence of an aggravating circumstance shall not be applicable unless such fact is clearly stated and included in the indictment or presentment by which such person is charged and is either: (i) Found by the court upon a plea of guilty or nolo contendere; or (ii) found by the jury, if the matter be tried before a jury, upon submitting to such jury a special interrogatory for such purpose; or (iii) found by the court, if the matter be tried by the court, without a jury.

(2) Insofar as the provisions of this section relate to mandatory sentences without probation, home incarceration or alternative sentences, all such matters requiring such sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court.

(c) A person who is at least 18 years of age and who is convicted of a violation of §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8 or §61-8B-9 of this code, and the person has previously been convicted of such crimes against children, shall be sentenced to imprisonment in the custody of the state correctional facility for life. A person who is sentenced to life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person’s life. A person who is at least 18 years of age and who is convicted of a violation of §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, §61-8B-8 or §61-8B-9 of this code shall be guilty of a felony and imprisoned in a state correctional facility not less than 20 years, nor more than 40 years.

ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

§61-8C-2. Use of minors in filming sexually explicit conduct prohibited; penalty.

(a) Any person who causes or knowingly permits, uses, persuades, induces, entices or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct shall be guilty of a felony when such person has knowledge that any such act is being photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the ~~penitentiary~~ state correctional facility not more than ten years, or both fined and imprisoned.

(b) Any person who photographs or films such minor engaging in any sexually explicit conduct shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned in the ~~penitentiary~~ state correctional facility not more than ten years, or both fined and imprisoned.

(c) Any parent, legal guardian or person having custody and control of a minor, who photographs or films such minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices or coerces such minor child to engage in or assist in any sexually explicit act shall be guilty of a felony when such person has knowledge that any such act may be photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the ~~penitentiary~~ state correctional facility not more than ten years, or both fined and imprisoned.

(d) Any person convicted under this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted.

ARTICLE 14. human trafficking.

§61-14-2. Human trafficking of an individual; aiding and abetting human trafficking; penalties.

(a) Any person who knowingly and willfully traffics an adult, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of an adult, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than three nor more than 15 years, fined not more than $200,000, or both confined and fined.

(b) Any person who knowingly and willfully traffics a minor, or who knowingly and willfully aids, assists, or abets in any manner in the trafficking of a minor, is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than five nor more than 20 years, fined not more than $300,000, or both confined and fined.

(c) Any person convicted under this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted.

NOTE: The purpose of this bill is to enforce stricter criminal penalties associated with dangerous felony crimes against children.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.