Bill Text: WV SB245 | 2018 | Regular Session | Introduced

Bill Title: Prohibiting use of communication facility in commission of felony

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-01-11 - To Judiciary [SB245 Detail]

Download: West_Virginia-2018-SB245-Introduced.html

WEST virginia Legislature

2018 regular session


Senate Bill 245

By Senator Azinger

[Introduced January 11, 2018; Referred
to the Committee on the Judiciary]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-16-1, relating to making it a felony to use a communication facility to commit another felony; defining a term; and establishing penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 16.  Illegal use of a communication facility.

§61-16-1.  Illegal use of a communication facility; definition; penalties.

(a)  A person who uses a communication facility to commit, cause or facilitate the commission or to attempt any crime which constitutes a felony under this code is guilty of a felony and, upon conviction, shall be fined not more than $30,000 and confined in a state correctional facility for not less than one year nor more than four years. Every instance where a communication facility is utilized constitutes a separate offense under this section.

(b) As used in this section, the term "communication facility" means a public or private instrumentality used or useful in the transmission of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part, including, but not limited to, telephone, wire, radio, electromagnetic, photoelectronic, Internet, computer network, photo-optical systems or the mail.


NOTE: The purpose of this bill is to make using a communication facility to commit a felony, a felony. The bill defines a term and establishes penalties.

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