SB 197
Relating to crime of sexual abuse by parent, guardian, custodian, or person in position of trust to child
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill expands the crime of sexual abuse in West Virginia to include attempted sexual abuse by parents, guardians, custodians, or other individuals in positions of trust with children. It clarifies that engaging in an attempt to sexually exploit, contact, or engage in sexual intercourse with a child, regardless of the child's willingness or apparent injury, constitutes a felony. The bill also addresses situations where another person is procured to engage in such acts, adding penalties for those who authorize or induce such actions, with varying penalties depending on the child’s age.
Key provisions
- Adds ‘attempt’ as a separate offense for sexual abuse by parents, guardians, custodians, or persons in trust.
- Increases penalties for engaging in sexual exploitation or contact with a child under the care of a parent, guardian, custodian, or trusted individual.
- Addresses situations where another person is induced to engage in the offense.
- Establishes specific penalties for procuring, authorizing, or inducing another person to commit the offense.
- Excludes custodians or trusted individuals who are less than four years older than the child.
- Defines the offense to include sexual exploitation, sexual intercourse, sexual intrusion, and sexual contact.
- Specifies penalties for convictions, including imprisonment and fines.
- Applies to children under 16 years of age, 16 years of age, and older.
Who is affected
- Parents
- Guardians
- Custodians
- Individuals in positions of trust (e.g., teachers, counselors, healthcare providers)
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