HB 4695 — To double the criminal penalty for anyone found guilty of sexual assault on a minor

WESTHB4695 VIRGINIAHFAT LEGISLATUREAkers REGULAR2-11Morgan SESSION3345 Delegate ENGROSSEDAkers Committeemoved Substituteto foramend Housethe Billbill 4695by Bystriking Delegatesout Vance,the Martin,title Brooks, Akers, Maynor, McGeehan, Dean, Bridges, Pritt, Toney, and Hornbysubstituting [Originatingtherefor ina thenew Committeetitle, onto theread Judiciary;as follows:H.

ReportedB. on February 5, 2026] Eng CS for HB 4695 A BILL to amend and reenact §61-8B-5, §61-8B-9, §61-8D-4a, §61-8D-5 and §61-8D-6 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for crimes against minors;

increasing4695 penalties-- for“A BILL to amend and reenact §61-8B-5, §61-8B-9, §61-8D-4a, §61-8D-5 and §61-8D-6  of the offensesCode of sexualWest assaultVirginia, in1931, as amended, relating to increasing the thirdcriminal degree;penalties for crimes against minors;

increasing criminal penalties and fines for the offenses of sexual abuseassault in the third degree;

increasing criminal penalties forand childfines neglectfor resultingsexual abuse in death;the third degree;

increasing criminal penalties forand sending,fines distributing,for exhibiting,child possessing,neglect displaying,resulting or transporting material by a parent, guardian, or custodian, or person in adeath; position of trust, depicting a child engaged in sexually explicit conduct;

increasing criminal penalties for and addingfines attemptfor to the offense of sexual abuse by a parent, guardian, or custodian, or other person in a position of trust in relation to the child engaging or attempting to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with a child;child under his or her care, custody or control;

increasing criminal penalties and creatingfines criminalfor penalties.knowingly procuring, authorizing, or inducing, or attempting to do the same, another person to engage in or attempt to engage in or attempting to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with a child under his or her care, custody or control by a parent, guardian or custodian and the child is less than 16 years of age or disabled as defined in the code;

Beincreasing itcriminal enactedpenalties and fines for knowingly procuring, authorizing, or inducing, or attempting to do the same, another person to engage in or attempt to engage in or attempting to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with a child under his or her care, custody or control by a parent, guardian or custodian and the Legislaturechild ofis Westover Virginia:16 years of age;

ARTICLEand 8B.increasing criminal penalties and fines for sending, distributing, exhibiting, possessing, displaying, or transporting material by a parent, guardian, or custodian, or person in a position of trust, depicting a child engaged in sexually explicit conduct;

SEXUAL    AdoptedRejected  OFFENSES.

§61-8B-5.

Sexual assault in the third degree.

(a) A person is guilty of sexual assault in the third degree when:

(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated;

or (2) The person, being is 16 years old or more and engages in sexual intercourse or sexual intrusion with another person who is less than 16 years old and who is at least four years younger than the defendant.

(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one year two years nor more than five 10 years, or fined not more than $10,000 $20,000 and imprisoned in a state correctional facility not less than one year two years nor more than five 10 years.

§61-8B-9.

Sexual abuse in the third degree.

1 Eng CS for HB 4695 (a) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent, when such the lack of consent is due to the victim's incapacity to consent by reason of being less than sixteen 16 years old.

(b) In any prosecution under this section it is a defense that:

(1) The defendant was less than sixteen 16 years old;

or (2) The defendant was less than four years older than the victim.

(c) Any person who violates the provisions of this section shall be is guilty of a misdemeanor felony, and, upon conviction thereof, shall be confined in the county jail imprisoned in a state correctional facility not more less than ninety days one year nor more than three years, or fined not more than $500 $1,000 and confined in the county jail imprisoned in a state correctional facilitynot more less than ninety days one year nor more than three years.

ARTICLE 8D.

CHILD ABUSE.

§61-8D-4a.

Child neglect resulting in death;

criminal penalties.

(a) If any parent, guardian or custodian, or person in a position of trust in relation to a child shall neglect a child under his or her care, custody or control and by such neglect cause the death of said child, then such parent, guardian or custodian, or person in a position of trust in relation to a child shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 $2,000 nor more than $5,000 $10,000 or committed to the custody of the Division of Corrections for not less than three 10 nor more than 15 40 years, or both fined and imprisoned.

(b) No child who in lieu of medical treatment was under treatment solely by spiritual means through prayer in accordance with a recognized method of religious healing with a reasonable proven record of success shall, for that reason alone, be considered to have been neglected within the provisions of this section.

A method of religious healing shall be presumed to be a recognized method of religious healing if fees and expenses incurred in connection with the treatment are permitted to be deducted from taxable income as "medical expenses" pursuant to regulations or rules promulgated by the United States Internal Revenue Service:

Provided, That the provisions of 2 Eng CS for HB 4695 this subsection do not apply to a person in a position of trust in relation to a child who, by virtue of his or her occupation or position, is charged with any duty or responsibility for the health, education, welfare, or supervision of a child.

(c) A child whose parent, guardian or legal custodian, or person in a position of trust in relation to that child has inhibited or interfered with the provision of medical treatment in accordance with a court order may be considered to have been neglected for the purposes of this section.

§61-8D-5.

Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child;

parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child;

failing to report sexual assault or abuse upon a child;

displaying of sex organs by a parent, guardian, or custodian;

penalties.