Bill Text: WV SB322 | 2024 | Regular Session | Introduced
Bill Title: Relating to crime of sexual assault
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2024-01-12 - To Judiciary [SB322 Detail]
Download: West_Virginia-2024-SB322-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
Senate Bill 322
By Senator Tarr
[Introduced January 12, 2024; referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-5a, relating to establishing the crime of sexual assault in the fourth degree; prohibiting school personnel from subjecting a minor student to sexually explicit or oriented discussion, gender persuasion, reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent, or guardian that is not the exact same for the minor's classmates; and establishing penalties for violation.
Be it enacted by the Legislature of Virginia:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-5a. Sexual assault in the fourth degree.
(a) A person is guilty of sexual assault in the fourth degree when:
(1) He or she is employed as a teacher, principal, counselor, coach, other employee, or volunteer of any private or public elementary or secondary school; and
(2) He or she subjects a minor student to sexually explicit or oriented discussion, gender persuasion, and reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates.
(b) A person who violates the provisions of this section is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years or fined not more than $5,000 or both imprisoned and fined.
NOTE: The purpose of this bill is to establish the crime of sexual assault in the fourth degree; to prohibit school personnel from subjecting a minor student to sexually explicit or oriented discussion, gender persuasion, reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates; and to establish penalties for violation..
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
