MARTINSBURG – Bills that increased criminal penalties for child abuse and intimidation charges passed West Virginia House and Seanad during the 2019 legislative session.
The Housing Bill 2933 changed the criminal penalties imposed on a parent, guardian or guardian for the abuse of children resulting in child harm and abuse or neglect which created a risk of injury.
According to the bill, if a child is abused by a parent, guardian or guardian and the child is suffering from physical abuse, they will be guilty of felony and, on conviction, will be liable to a fine not exceeding $ 100 or more. and a prison correction facility for two or ten years, increasing the penalty from year to five years.
If the abuse results in serious bodily harm, the defendant will be guilty of felony and, on conviction, will be fined $ 1,000 to $ 5,000 and imprisoned for five to 15 years, and the penalty will be increased. two to 10 years.
If the abuse poses a serious risk of death or serious bodily harm, the defendant is guilty of felony and, on conviction, is subject to the following increased penalties: t imprisonment for the first offense of two or 20 years, or both. When the second offense is convicted, the court may sentence the individual to thirteen years in prison and be fined not more than $ 3,000. For a third or subsequent offense, the person may be imprisoned for five to 15 years and fined not more than $ 3,000.
The bill also increased the penalties for a parent, guardian or guardian convicted of gross negligence. If the person severely negates a child who poses a serious risk of death or serious bodily harm, he shall be subject, on conviction for a first offense, to a fine of between $ 100 and $ 1,000 or a fine not exceeding two years, or both.
On conviction for a second offense, the person will be fined between $ 500 and $ 3,000 or limited in prison of not less than two years and not more than 10 years, or both. In relation to a third or subsequent offense, the person is guilty of felony and, on conviction, will be fined not exceeding $ 3,000 and imprisoned in a five to 15 year state correction facility, or both.
This bill switched to the House and Senate on March 9, according to the West Virginia Judiciary website.
Senator Charles Trump, R-Morgan, introduced the Seanad Bill 101 to balance penalties for intimidation and compensation against certain public officials, jurors and witnesses.
The bill increased, passed for unanimity on 5 March, the punishment for intimidation of those people on felony. According to the bill, a person convicted of this offense is guilty of felony and will be limited in a correction facility for one year to 10 years, fined not more than $ 2,000 or both.
The person is also liable to bring a civil action to any person who is adversely affected by the breach of injury or loss of a person or property incurred as a result of this offense. These include reasonable attorney fees, court costs and other expenses.
The bills go into effect 90 days after their passage.
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