Bill Text: WV SB635 | 2023 | Regular Session | Engrossed
Bill Title: Updating language and increasing penalties for indecent exposure
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2023-02-23 - To House Judiciary [SB635 Detail]
Download: West_Virginia-2023-SB635-Engrossed.html
WEST virginia legislature
2023 regular session
Engrossed
Committee Substitute
for
Senate Bill 635
By Senators Weld, Deeds, Plymale, and Phillips
[Originating in the Committee on the Judiciary; reported on February 17, 2023]
A BILL to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended, relating to indecent exposure of a person’s nude penis, vagina, or anus; declaring that indecent exposure requires exposing one’s nude penis, vagina, or anus; authorizing a person convicted of third offense indecent exposure for purposes of sexual gratification to be both fined and imprisoned; creating enhanced penalties for second and subsequent violations; creating the criminal offense of indecent exposure in front of minors; removing breast-feeding exemption as unnecessary due to definition clarification; defining terms; and establishing criminal penalties for the new offense.
Be it enacted by the Legislature of West Virginia:
article 8. crimes against chastity, morality, and decency.
§61-8-9. Indecent exposure.
(a) A person is guilty of indecent exposure when such that person intentionally exposes his or her sex organs or anus, or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm to a person or persons to whom he or she exposes himself or herself. Provided, That it is not considered indecent exposure for a mother to breast feed a child in any location, public or private
(b) Except as provided in subsection (c), any Any person who violates the provisions of this section §61-8-9(a) of this code shall be is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 90 days or fined not more than $250, or both fined and confined.
(c) Notwithstanding the provisions of §61-8-9(a) and §61-8-9(b) of this code, Any any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself exposes his or her sex organs or anus to another person and the exposure was done for the purpose of sexual gratification without that person’s consent, and the exposure was is done for the purpose of sexual gratification, or the person engages in an overt act of sexual gratification involving his or her nude sex organs or anus towards another person, including but not limited to masturbation, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than 12 months one year, or both fined and confined. For a second offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 and or confined in jail for not less than 30 days nor more than 12 months one year, or both fined and confined. For a third or subsequent offense under this subsection, the person is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and or imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, any person who intentionally exposes his or her sex organs or anus to another person and the exposure is done for the purpose of sexual gratification, and who knows, or should know that any of the persons present are younger than 16 years of age, is guilty of a felony and, upon conviction thereof, shall be fined not more than $3,000 and imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.
(e) As used in this section, "intentionally exposes his or her sex organs or anus" means to willfully display one’s nude penis, vagina, or anus to another person.
