2026 Regular Session
SB 1046
Increasing fines for first degree sexual assault
In Committee
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill increases the penalties for first-degree sexual assault in West Virginia. It raises the fine for this offense from $10,000 to $100,000 and increases the potential prison sentence to life imprisonment for defendants over 18 years old who assault a victim younger than 12. The bill also outlines jury procedures for cases involving potential life sentences.
Key provisions
- Increases the fine for first-degree sexual assault from $10,000 to $100,000.
- Establishes a potential life sentence for first-degree sexual assault defendants over 18 years old who assault a victim under 12.
- Specifies jury procedures when a defendant is eligible for a life sentence.
- Addresses the verdict and sentencing process for murder and first-degree sexual assault cases.
- Clarifies parole eligibility for individuals convicted of first-degree sexual assault.
- Defines first-degree sexual assault, including elements like serious bodily injury and the use of a deadly weapon.
- Modifies the potential sentence for first-degree sexual assault when the victim is under 12 years old.
- Outlines procedures for recommending mercy during jury deliberations.
Who is affected
- Individuals accused of first-degree sexual assault
- Victims of sexual assault, particularly those under 12 years of age
- Defense attorneys representing those accused of first-degree sexual assault
- West Virginia prosecutors
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