HB 2634: To double the criminal penalty for anyone found guilty of sexual assault on a minor - West Virginia

hb2634 sfa weld _1 4-10 adopted.htm → hb2634 sfat stuart _1 4-9 adopted.htm · 4 edits

MODERATE

The bill title was changed from a committee amendment by Senator Weld to a new motion by Senator Stuart that replaces the entire title. The original amendment focused on specific text changes to age definitions and consent language in existing sections, while the new motion proposes completely rewriting the bill's title to reflect broader amendments to multiple code sections regarding sexual assault and child exploitation penalties.

Scope change

The scope expanded from targeted amendments to specific subsections to a comprehensive revision of multiple code sections covering sexual assault, sexual abuse, and child exploitation offenses.

REQUIREMENT

Removed specific amendment instructions to insert age exceptions for disabled children and modify consent language to include 'willingly participated in' instead of 'consented to'.

Removed instruction to strike out and replace subsection (d) of section 5 on page 3.

SCOPE

Added new title language indicating amendments to four specific code sections (§61-8B-5, §61-8B-9, §61-8D-5, and §61-8D-6) covering sexual assault, sexual abuse, and child exploitation offenses.

ENFORCEMENT

Changed the legislative approach from targeted text amendments to a comprehensive title revision that suggests broader changes to criminal penalties and attempt provisions.

hb2634 s jud am _1 4-9 adopted.htm → hb2634 sfa weld _1 4-10 adopted.htm · 4 edits

MODERATE

The bill was amended to strengthen protections for children in sexual abuse cases by adding language to cover disabled children regardless of age, clarifying that attempts to facilitate abuse are punishable offenses, changing the consent standard to focus on willing participation rather than consent, and removing an age gap exemption that previously allowed certain relationships to go unpunished.

Scope change

The bill now applies to disabled children of any age and removes the age gap exemption for custodians and persons in positions of trust, expanding criminal liability.

ELIGIBILITY

Added provision to include disabled children of any age in sexual abuse protections, regardless of age thresholds.

Removed the age gap exemption that previously allowed custodians to avoid charges if they were less than four years older than the child.

ENFORCEMENT

Clarified that attempts to procure, authorize, or induce sexual abuse are now explicitly punishable offenses.

DEFINITION

Changed the standard from requiring lack of consent to focusing on whether the child willingly participated in the conduct.

Committee Substitute → hb2634 s jud am _1 4-9 adopted.htm · 6 edits

MODERATE

The bill was amended to increase penalties for sexual offenses involving children and to add new provisions addressing sexual abuse by individuals in positions of trust. Key changes include raising maximum prison sentences from 5 to 10 years for sexual assault in the third degree, increasing fines from $10,000 to $20,000, and adding new felony provisions for individuals in positions of trust who facilitate sexual abuse of children under 16. The amendments also clarify that consent is irrelevant when abuse occurs by those in positions of trust, and extend protections to children aged 16 and older in certain circumstances.

Scope change

The scope expanded to include additional protections for children in positions of trust relationships and increased the severity of penalties across multiple sexual offense categories.

ENFORCEMENT

Increased maximum prison sentences for sexual assault in the third degree from 5 years to 10 years and raised fines from $10,000 to $20,000

Increased penalties for sexual abuse in the third degree from misdemeanor to felony with prison terms up to 3 years and fines up to $1,000

Added new felony provision for sending, distributing, or possessing sexually explicit material depicting children under care of the accused

SCOPE

Added new provisions requiring individuals in positions of trust to be held criminally liable for sexual abuse of children under 16, regardless of consent

Extended protections to children aged 16 and older when abuse occurs by individuals in positions of trust

REQUIREMENT

Clarified that consent is not a defense when sexual abuse is committed by parents, guardians, custodians, or persons in positions of trust

Engrossed Committee Substitute → Committee Substitute · 5 edits

MODERATE

This bill increases penalties for sexual offenses involving children and adults, raising maximum prison terms and fines for sexual assault, sexual abuse, and child exploitation cases. The changes apply to parents, guardians, and persons in positions of trust who engage in or facilitate sexual abuse of children, as well as those who distribute sexually explicit material depicting children.

Scope change

The bill's scope expanded to include increased penalties for sexual abuse by parents and guardians, with new provisions addressing the distribution of sexually explicit material depicting children under care or control.

ENFORCEMENT

Maximum prison sentences for sexual assault in the third degree increased from 5 years to 10 years, with fines raised from $10,000 to $20,000.

Penalties for sexual abuse in the third degree changed from misdemeanor to felony, with minimum jail time increased from 90 days to 1 year and maximum fines raised from $500 to $1,000.

Sexual abuse by parents/guardians of children under 16 now carries 20-40 year prison sentences (increased from 10-20 years) and fines increased from $5,000 to $10,000.

Distribution of sexually explicit material depicting children now carries 2-4 year prison sentences (increased from unspecified) and fines increased from $4,000 to $8,000.

REQUIREMENT

New provision added regarding persons in positions of trust allowing sexual abuse to be inflicted upon children.

Introduced Version → Engrossed Committee Substitute · 7 edits · Apr 11, 2025

MODERATE

This bill amends West Virginia's child sexual exploitation laws to increase penalties for various offenses and clarify reporting requirements. The changes expand penalties for sexual assault and abuse involving minors, adjust sentencing ranges for abuse by parents or guardians, and add new provisions addressing the distribution of sexually explicit material depicting children.

Scope change

The bill expands the scope to include new offenses related to sending or distributing material depicting children in sexually explicit conduct, and clarifies that failure to report child sexual abuse is a felony.

ENFORCEMENT

Increased maximum prison sentences for sexual assault in the third degree from 5 years to 10 years, and raised fines from $10,000 to $20,000.

Modified sexual abuse penalties to allow for felony charges instead of misdemeanor, with sentencing ranges adjusted from 90 days to 1 year in jail and fines increased from $500 to $1,000.

Increased prison sentences for sexual abuse by parents or guardians from 10-20 years to 20-40 years, with fines raised from $5,000 to $10,000.

Added new offense for parents or guardians who knowingly cause others to sexually exploit children, with penalties of 5-15 years imprisonment and fines of $2,000 to $20,000.

Created new felony offense for parents or guardians who distribute material depicting children in sexually explicit conduct, punishable by up to 4 years imprisonment and fines of $800 to $8,000.

REQUIREMENT

Clarified that failure to report child sexual assault or abuse is a felony offense.

ELIGIBILITY

Added age exemption provision stating that the law does not apply when the adult is less than four years older than the child.

To double the criminal penalty for anyone found guilty of sexual assault on a minor

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