HB 5496
Providing for the offense of child torture.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates a new felony offense in West Virginia called ‘child torture.’ It defines child torture as a course of conduct that causes bodily injury or significant emotional distress to a child, encompassing acts like physical harm, deprivation of necessities, and psychological abuse. Individuals 16 years of age or older found guilty of child torture could face imprisonment ranging from 10 to 25 years, depending on whether the torture caused bodily injury.
Key provisions
- Establishes the crime of ‘child torture’ as a felony.
- Defines ‘torture’ as a course of conduct including multiple harmful acts.
- Penalties for causing bodily injury: imprisonment 10-25 years.
- Penalties for not causing bodily injury: imprisonment 10-20 years.
- Includes acts like breaking limbs, inflicting pain, deprivation of food/water, and restraining a child.
- Covers extreme temperatures, unsafe living conditions, and excessive physical activity as punishment.
- Addresses sexual abuse and exploitation as part of the offense.
- Includes intimidation, threats, and restrictions on hygiene as elements of the crime.
Who is affected
- Children
- Individuals 16 years of age or older
- Families of children
- West Virginia State Government
- Correctional Facilities
Notable changes
- Creates a new specific criminal offense for child torture.
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