reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8B. Sexual Offenses › §61-8B-16. Payment for Costs of Forensic Medical Examination

(a) When any person alleges that he or she has been the victim of an offense proscribed by this article, the West Virginia prosecuting attorneys institute shall pay to a licensed medical facility from the forensic medical examination fund the cost of the forensic medical examination for the alleged victim on the following conditions and in the following manner:
(1) The payment shall cover all reasonable, customary and usual costs of the forensic medical examination;
(2) The costs of additional nonforensic procedures performed by the licensed medical facility, including, but not limited to, prophylactic treatment, treatment of injuries, testing for pregnancy and testing for sexually transmitted diseases, may not be paid from the fund: Provided, That nothing in this section shall be construed to prohibit a licensed medical facility from seeking payment for services referred to in this subdivision from the alleged victim or his or her insurer, if any;
(3) The forensic medical examination must have been conducted within a reasonable time of the alleged violation;
(4) The licensed medical facility must apply for payment of the costs of a forensic medical examination from the fund within a reasonable time of the examination;
(5) The licensed medical facility shall certify that the forensic medical examination was performed and may submit a statement of charges to the West Virginia prosecuting attorneys Institute for payment from the fund.
(b) No licensed medical facility may collect the costs of a forensic medical examination from the alleged victim of a violation of this article or from the alleged victim's insurance coverage, if any.
(c) Nothing in this section shall be construed to require an alleged victim of sexual assault to participate in the criminal justice system or to cooperate with law enforcement in order to be provided a forensic medical examination pursuant to the provisions of this section.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8B. Sexual Offenses › §61-8B-17. Study of Reimbursement; Recordkeeping; Disclosure; Confidentiality

(a) The West Virginia prosecuting attorneys institute is hereby directed to undertake a study of the viability of the state seeking reimbursement from private insurance companies for the cost of forensic medical examinations. The study shall be completed prior to the first day of the regular legislative session, one thousand nine hundred ninety-seven, and provided to the President of the Senate and the Speaker of the House of Delegates.
(b) The West Virginia prosecuting attorneys institute shall develop and maintain a database for use by law-enforcement personnel, prosecuting attorneys and persons engaged in lawful research of the information collected pursuant to its administration of the forensic medical examination fund. The database shall include the number of examinations performed, the facilities performing the examination and where feasible, other information considered to be of assistance to law-enforcement and the prosecution of sexual offenses. The database shall be maintained in a manner which assures the confidentiality of the information.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8B. Sexual Offenses › §61-8B-18. Rule-Making Authority

The executive council of the West Virginia prosecuting attorneys institute, created by the provisions of section six, article four, chapter seven of this code, shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code, for the administration of the forensic medical examination fund, establishing qualifications for medical personnel performing a forensic medical examination and any other rules necessary to the implementation of this program. The institute shall also create and distribute to all licensed medical facilities, law-enforcement agencies and prosecuting attorneys' offices the instructional manuals and forms necessary to perform forensic medical examinations and to receive payment from the fund. From the effective date of this section until the date of the promulgation of these rules, the executive council of the West Virginia prosecuting attorneys institute may file rules as emergency rules in accordance with the applicable provisions of this code in order to govern during this period of time the administration of the fund.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8B. Sexual Offenses › §61-8B-19. Court Files and Law-Enforcement Records; Confidentiality

(a)
Records confidential
. All records and information maintained by the courts of this state or any law enforcement agency of this state or any of its political subdivisions, which contain identifying information of a victim in an arrest, investigation, or complaint for the offenses enumerated in 61-8A-1
et seq
., 61-8B-1
et seq
., 61-8C-1
et seq
., or 61-14-1
et seq
. of this code, or for the offenses included in 61-8D-3a, 61-8D-5, and 61-8DB-6 of this code, shall be kept confidential and withheld from inspection, except: (1) When required by law; (2) when necessary for law-enforcement purposes or preparation for court proceedings; or (3) pursuant to an order of a court issued in accordance with subsection (c) of this section.
(b)
Orders permitting examination or copying of file contents
. Upon written motion filed in the circuit court of the county where the criminal action is pending or has been prosecuted, a circuit court, for good cause shown, may enter an order allowing a person who is precluded access to a court file or law-enforcement record pursuant to subsection (a) of this section the authority to examine and copy documents in a file. The order shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, specify the particular documents to be examined or copied, or both examined and copied and the circumstances under which such action or actions shall take place.
(c)
Obtaining confidential records
. Absent a waiver of confidentiality by the subject of the confidential records, the records are only subject to subpoena pursuant to subsection (d) of this section.
(d)
Subpoena Duces Tecum
. Any court file or law-enforcement record in the offenses included in subsection (a) of this section may be supplied to any person presenting a valid subpoena duces tecum issued by a state or federal court in any criminal action. Any file or record obtained under this subsection shall be used only in the context of the case in which the subpoena was issued and not for any other purpose.
(e)
Victim request
. Upon a written request of a victim, decisions of the West Virginia Intermediate Court of Appeals and the West Virginia Supreme Court of Appeals issued on or after July 1, 2022, involving the offenses enumerated in subsection (a) of this section shall not contain the first and last names of the victim.
(f)
Supreme Court authorization
. The Supreme Court of Appeals is requested to promulgate rules prior to July 1, 2022, to the extent necessary to comply with the provisions of this article that become effective on that date.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-1. Definitions

For the purposes of this article:
(a) “Minor” means any child under eighteen years of age.
(b) “Knowledge” means knowing or having reasonable cause to know which warrants further inspection or inquiry.
(c) “Sexually explicit conduct” includes any of the following, whether actually performed or simulated:
(1) Genital to genital intercourse;
(2) Fellatio;
(3) Cunnilingus;
(4) Anal intercourse;
(5) Oral to anal intercourse;
(6) Bestiality;
(7) Masturbation;
(8) Sadomasochistic abuse, including, but not limited to, flagellation, torture or bondage;
(9) Excretory functions in a sexual context; or
(10) Exhibition of the genitals, pubic or rectal areas of any person in a sexual context.
(d) “Person” means an individual, partnership, firm, association, corporation or other legal entity.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-2. Use of Minors in Filming Sexually Explicit Conduct Prohibited; Penalty

(a) Any person who causes or knowingly permits, uses, persuades, induces, entices or coerces such minor to engage in or uses such minor to do or assist in any sexually explicit conduct shall be guilty of a felony when such person has knowledge that any such act is being photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.
(b) Any person who photographs or films such minor engaging in any sexually explicit conduct shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.
(c) Any parent, legal guardian or person having custody and control of a minor, who photographs or films such minor in any sexually explicit conduct or causes or knowingly permits, uses, persuades, induces, entices or coerces such minor child to engage in or assist in any sexually explicit act shall be guilty of a felony when such person has knowledge that any such act may be photographed or filmed. Upon conviction thereof, such person shall be fined not more than $10,000, or imprisoned in the penitentiary not more than ten years, or both fined and imprisoned.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-3. Distribution and Exhibiting of Material Depicting Minors Engaged in Sexually Explicit Conduct Prohibited; Penalty

(a) Any person who, knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony.
(b) Any person who violates the provisions of subsection (a) of this section when the conduct involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility for not more than two years or fined not more than $2,000 or both.
(c) Any person who violates the provisions of subsection (a) of this section when the conduct involves more than fifty but fewer than six hundred images shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than ten years or fined not more than $5,000, or both.
(d) Notwithstanding the provisions of subsections (b) and (c) of this section any person who violates the provisions of subsection (a) of this section when the conduct involves six hundred or more images or depicts violence against a child or a child engaging in bestiality shall, upon conviction, be imprisoned in a state correctional facility for not less than five nor more than fifteen years or fined not more than $25,000, or both.
(e) For purposes of this section each video clip, movie or similar recording of five minutes or less shall constitute seventy-five images. A video clip, movie or similar recording of a duration longer than five minutes shall be deemed to constitute seventy-five images for every two minutes in length it exceeds five minutes.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-3a. Prohibiting Child Erotica; Penalties

(a) Any person age eighteen or over who knowingly and intentionally produces, possesses, displays or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are: (1) Unrelated to the sale of a commercially available legal product; and (2) used for purely prurient purposes, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $1,000, or both confined and fined.
(b) As used in this section only:
(1) "Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section; and
(2) "Commercially available" means for sale to the general public.
(3) A "minor" is a child under the age of sixteen years, or a person who is sixteen years of age or older but less than eighteen years old and who is mentally defective or mentally incapacitated.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-3b. Prohibiting Juveniles From Manufacturing, Possessing and Distributing Nude or Partially Nude Images of Minors; Creating Exemptions; Declaring a Violation to Be an Act of Juvenile Delinquency; and Providing for the Punishment Thereof

(a) Any minor who intentionally possesses, creates, produces, distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of another minor posing in an inappropriate sexual manner or who distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of himself or herself posing in an inappropriate sexual manner is guilty of an act of delinquency and, upon adjudication, disposition may be made by the circuit court pursuant to the provisions of §49-4-701 through §49-4-725 of this code.
(b) As used in this section:
(1) “Posing in an inappropriate sexual manner” means exhibition of a bare female breast, female or male genitalia, pubic, or rectal areas of a minor for purposes of sexual titillation.
(2) “Visual portrayal” means:
(A) A photograph;
(B) A motion picture;
(C) A digital image;
(D) A digital video recording; or
(E) Any other mechanical or electronic recording process or device that can preserve, for later viewing, a visual image of a person that includes, but is not limited to, computers, cellphones, personal digital assistance, and other digital storage or transmitting devices;
(c) It shall be an affirmative defense to an alleged violation of this section that a minor charged with possession of the prohibited visual depiction did neither solicit its receipt nor distribute, transmit, or present it to another person by any means.
(d) Notwithstanding the provisions of §15-12-1 et seq. of this code, an adjudication of delinquency under the provisions of this section shall not subject the minor to the requirements of that article and chapter.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-4. Payments of Treatment Costs for Minor

In addition to any penalty provided under this article and any restitution which may be ordered by the court under article eleven-a of this chapter, the court may order any person convicted under the provisions of this article to pay all or any portion of the cost of medical, psychological or psychiatric treatment of the minor resulting from the act or acts for which the person is convicted, whether or not the minor is considered to have sustained bodily injury.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-5. Limits on Interviews of Children Eleven Years Old or Less; Evidence

(a) In any prosecution under this article, the court may provide by rule for reasonable limits on the number of interviews to which a victim who is eleven years old or less must submit for law enforcement or discovery purposes. The rule shall to the extent possible protect the mental and emotional health of the child from the psychological damage of repeated interrogation and at the same time preserve the rights of the public and the defendant.
(b) At any stage of the proceedings, in any prosecution under this article, the court may permit a child who is eleven years old or less to use anatomically correct dolls, mannequins or drawings to assist such child in testifying.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-6. Legislative Findings

The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this article is not contemplated to be a forfeiture as the same is used in article twelve, section five of the West Virginia Constitution and to the extent that such seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article is not part of net proceeds as the same is contemplated by such article twelve, section five of the West Virginia Constitution.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-8. Procedures for Seizure of Forfeitable Property

(a) Seizure of property made subject to forfeiture by the provisions of this article may be made upon process issued by any court of record having jurisdiction over the property.
(b) Notwithstanding the provisions of subsection (a) of this section, seizure of property subject to forfeiture by the provisions of this article may be made without process if:
(1) The seizure is incident to a lawful arrest or pursuant to a search under a search warrant or an inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this article;
(3) The appropriate person has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The appropriate person has probable cause to believe that the property was used or intended for use in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b) of this section, forfeiture proceedings shall be instituted within ninety days of the seizure thereof.
(d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the appropriate person, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the appropriate person may:
(1) Place the property under seal;
(2) Remove the property to a place designated by him or her;
(3) Require the appropriate law-enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or
(4) In the case of seized moneys, securities or other negotiable instruments, place the assets in any interest-bearing depository insured by an agency of the federal government.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8C. Filming of Sexually Explicit Conduct of Minors › §61-8C-10. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments; Distribution of Proceeds

(a) Whenever moneys, securities or other negotiable instruments are forfeited under the provisions of this article, such proceeds shall be distributed as follows:
(1) Ten percent of the proceeds shall be tendered to the office of the prosecuting attorney which initiated the forfeiture proceeding;
(2) The balance shall be deposited in a special law-enforcement investigation fund. The fund may be placed in any interest-bearing depository insured by an agency of the federal government. The fund shall be administered by the Superintendent of the State Police or his or her designee.
(b) No funds shall be expended from the special law-enforcement investigation fund except as follows:
(1) In the case of funds belonging to the State Police, the funds shall only be expended at the direction of the Superintendent of the State Police and in accordance with the provisions of article two, chapter eleven-b of this code and the provisions of subdivision (10), subsection (b), section two, article two, chapter twelve of this code;
(2) In the case of funds belonging to the office of the prosecuting attorney of any county in which the special fund has been created, the funds therein may only be expended in the manner provided in sections four and five, article five, chapter seven of this code; and
(3) In the case of funds belonging to the police department of any municipality in which the special fund has been created, the funds therein may only be expended in the manner provided in section twenty-two, article thirteen, chapter eight of this code.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-2. Murder of a Child by a Parent, Guardian or Custodian or Other Person by Refusal or Failure to Supply Necessities, or by Delivery, Administration or Ingestion of a Controlled Substance; Penalties

(a) If any parent, guardian or custodian shall maliciously and intentionally cause the death of a child under his or her care, custody or control by his or her failure or refusal to supply such child with necessary food, clothing, shelter or medical care, then such parent, guardian or custodian shall be guilty of murder in the first degree.
(b) If any parent, guardian or custodian shall cause the death of a child under his or her care, custody or control by knowingly allowing any other person to maliciously and intentionally fail or refuse to supply such child with necessary food, clothing, shelter or medical care, then such other person and such parent, guardian or custodian shall each be guilty of murder in the first degree.
(c) The penalty for offenses defined by this section shall be that which is prescribed for murder in the first degree under the provisions of section two article, two of this chapter.
(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-2a. Death of a Child by a Parent, Guardian or Custodian or Other Person by Child Abuse; Criminal Penalties

(a) If any parent, guardian or custodian maliciously and intentionally inflicts upon a child under his or her care, custody or control substantial physical pain, illness or any impairment of physical condition by other than accidental means, thereby causing the death of such child, then such parent, guardian or custodian is guilty of a felony.
(b) If any parent, guardian or custodian knowingly allows any other person to maliciously and intentionally inflict upon a child under the care, custody or control of such parent, guardian or custodian substantial physical pain, illness or any impairment of physical condition by other than accidental means, which thereby causes the death of such child, then such other person and such parent, guardian or custodian are each guilty of a felony.
(c) Any person convicted of a felony described in subsection (a) or (b) of this section shall be imprisoned in a state correctional facility for a period of fifteen years to life. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of fifteen years of his or her sentence.
(d) The provisions of this section are not applicable to any parent, guardian or custodian or other person who, without malice, fails or refuses, or allows another person to, without malice, fail or refuse, to supply a child under the care, custody or control of such parent, guardian or custodian with necessary medical care, when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which such parent, guardian or custodian is an adherent or member. The provisions of this section are not applicable to any health care provider who fails or refuses, or allows another person to fail or refuse, to supply a child with necessary medical care when such medical care conflicts with the tenets and practices of a recognized religious denomination or order of which the parent, guardian or custodian of the child is an adherent or member, or where such failure or refusal is pursuant to a properly executed do not resuscitate form.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-3a. Female Genital Mutilation; Penalties; Definitions

(a) Except as otherwise provided in subsection (b) of this section, any person who circumcises, excises or infibulates, in whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen, or any parent, guardian or custodian of a female under the age of eighteen who allows the circumcision, excision or infibulation, in whole or in part, of such female's labia majora, labia minora or clitoris, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and fined not less than $1,000 nor more than $5,000.
(b) A surgical procedure is not a violation of this section if the procedure:
(1) Is necessary to preserve the health of the child on whom it is performed and is performed by a licensed medical professional authorized to practice medicine in this state; or
(2) The procedure is performed on a child who is in labor or has just given birth and is performed for legitimate medical purposes connected with that labor or birth by a licensed medical professional authorized to practice medicine in this state.
(c) A person's belief that the conduct described in subsection (a) of this section: (i) Is required as a matter of custom, ritual or standard practice; or (ii) was consented to by the female on which the circumcision, excision or infibulation was performed shall not constitute a defense to criminal prosecution under subsection (a) of this section.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-4a. Child Neglect Resulting in Death; Criminal Penalties

(a) If any parent, guardian or custodian 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 shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or committed to the custody of the Division of Corrections for not less than three nor more than fifteen years, or both such fine and imprisonment.
(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 such 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.
(c) A child whose parent, guardian or legal custodian 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.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-6. Sending, Distributing, Exhibiting, Possessing, Displaying or Transporting Material by a Parent, Guardian or Custodian, Depicting a Child Engaged in Sexually Explicit Conduct; Penalty

Any parent, guardian or custodian who, with knowledge, sends or causes to be sent, or distributes, exhibits, possesses, displays or transports, any material visually portraying a child under his or her care, custody or control engaged in any sexually explicit conduct, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than two years, and fined not less than $400 nor more than $4,000.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-7. Presentation of False Information Regarding Child's Injuries; Penalty

Any person who presents false information concerning acts or conduct which would constitute an offense under the provisions of this article to attending medical personnel shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, and shall be confined in the county jail not more than one year.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8D. Child Abuse › §61-8D-9. Convictions for Offenses Against Children

In any case where a person is convicted of a felony offense against a child as set forth in this article and the person has custodial, visitation or other parental rights to the child who is the victim of the offense or any child who resides in the same household as the victim, the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning of §49-4-601 through §49-4-610 of this code as to the child victim, and may find that the person is an abusing parent as to any child who resides in the same household as the victim, and shall take such further action in accord with the provisions of those sections.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-1. Findings

The Legislature finds that disabled persons and particularly disabled children are often more vulnerable and in greater need of protection than the nondisabled. Concomitant with greater vulnerability is the enhanced risk of injury and intimidation, particularly when the child is noncommunicative.
Based upon these facts, the Legislature has determined that it is appropriate that enhanced protections be put in place statutorily to provide a framework of protections to improve disabled childrens education and, quality of life as well as ease the concerns of their loved-ones and caregivers.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-2. Definitions

As used in this article:
(1) "Disabled child" means a child with any physical, intellectual, developmental, communication, or psychological disability or impairment. A disability includes , but is not limited to one that:
(A) Limits the childs ability to recognize abuse, unlawful activity, or his or her rights to safety and protection, or that makes the child rely on others to recognize that he or she is being abused;
(B) Limits the childs ability to recognize unlawful sexual abuse or misconduct;
(C) Causes the child to be dependent on others to assist with any activity of daily living or personal care;
(D) Limits the childs ability to formulate or execute a response to abuse, to verbally or physically defend himself or herself, or to physically escape from an abusive environment; or
(E) Limits the childs ability to disclose abuse.
(2) "Noncommunicative child" means a child who, due to physical or developmental disabilities, is unable to functionally articulate verbally, in writing, or through a recognized sign language,
(3) "Person in a position of trust in relation to a disabled child" means any adult who is acting in the place of a parent and charged with any of a parents rights, duties, or responsibilities concerning a disabled child or someone with supervisory responsibility for a disabled childs welfare, or any person who by virtue of their occupation or position is charged with any duty or responsibility for the health, education, welfare, or supervision of a disabled child,
(4) "Repeatedly" means on two or more occasions,
(5) "Supervisory responsibility" means any situation where an adult has direct supervisory decision-making, oversight, instructive, academic, evaluative, or advisory responsibilities regarding the child. Supervisory responsibility may occur in a residence, in or out of a school setting, institutional setting, and in curricular, co-curricular, or extra-curricular settings.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-3. Maltreatment of a Disabled Child; Penalties

(a) Any person in a position of trust in relation to a disabled child, who has supervisory responsibility over a disabled child, and who repeatedly engages in conduct, verbal or otherwise toward the child in an insulting, demeaning, or threatening manner, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500, nor more than $2,500, or confined in jail not more than one year, or both fined and confined.
(b) The conduct prohibited by this section includes, but is not limited to, behavior of any type intended to humiliate, intimidate, shame, degrade, or cause emotional distress.
(c) Each instance of the conduct prohibited by subsection (a) of this section shall constitute a separate and distinct offense whether directed at one disabled child or multiple disabled children.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-4. Battery and Assault of a Disabled Child

(a) Any person in a position of trust to a disabled child, with supervisory responsibility over the child who unlawfully and intentionally makes physical contact of an insulting and provoking nature to the person of the disabled child or unlawfully causes physical harm to the disabled child is guilty of a felony, and upon conviction thereof, shall be fined not more than $1,000 and imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
(b) Any person in a position of trust in relation to a disabled child, with supervisory responsibility over the child who unlawfully attempts to commit a violent injury to the person of the disabled child or unlawfully commits an act that places the disabled child in reasonable apprehension of immediately receiving a violent injury is guilty of a felony and upon conviction thereof shall be fined not more than $500 or imprisoned not less than one nor more than three years, or both fined and imprisoned.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-5. Failure to Report; Obstruction; Retaliation; Penalties

(a) Any person in a position of trust in relation to a disabled child who is subject to the mandatory reporting requirements in 49-2-803 of this code who fails to make a required report regarding a disabled child is guilty of a misdemeanor, and upon conviction shall be confined in jail for not more than one year.
(b) Any person who willfully impedes or obstructs or attempts to impede or obstruct a person in a position of trust in regard to a disabled child from making a report required by 49-2-803 of this code regarding a disabled child is guilty of a felony, and upon conviction thereof be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than three years, or both fined and imprisoned.
(c) Any person who discriminates or retaliates against a person in a position of trust in relation to a disabled child for making a report pursuant to 49-2-803 of this code regarding a disabled child is guilty of a felony and, upon conviction, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one year nor more than three years or both fined and imprisoned or both fined and imprisoned.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-6. Specific Directives to Enhance the Safety of Disabled Children

(a) The West Virginia Department of Education in collaboration with the Secretary of Health and Human Resources shall:
(1) On or before January 1, 2023, develop, produce, and disseminate an eight-hour education program for people employed in or to be employed in the care, housing, and education of disabled children as well as their supervisory personnel and administrators. The program shall include, but not be limited to, the legal duties of persons so employed, the behavioral characteristics associated with different disabling conditions, symptoms of disabling conditions and appropriate interventions necessary to support a child in a particular setting. Successful completion of the program shall be mandatory for state, county, and municipal employees engaged in the care, housing, and education of disabled children as well as their supervisory personnel and administrators on and after July 1, 2023; and
(2) On or before January 1, 2023, investigate the availability and implementation cost of a program for public schools and government operated programs for disabled children which allows parents, guardians, and custodians to remotely view classrooms and other areas where disabled children are taught, housed, or cared for and provide copies of the findings and proposals to the President of the Senate and the Speaker of the House of Delegates prior to the first day of the 2023 Regular Session of the Legislature.
(3) To the extent practicable the program shall consider and include input from family members and caregiving of disabled children.
(b) On or before January 1, 2023, the West Virginia Prosecuting Attorneys Institute in collaboration with the Law Enforcement Professional Standards subcommittee on the Governors Committee on Crime Delinquency and Correction shall develop a three-hour mandatory educational program for prosecuting attorneys and law enforcement officers that offers education:
(1) As to the provisions of this article; and
(2) In the investigation and prosecution of crimes against disabled children.
(3) To the extent practicable the program shall consider and include input from family members and caregiving of disabled children.
(c) The State Board of Education shall create a database which identifies school employees who are under active investigation for misconduct towards children into which county boards of education shall report and review when considering employing a person with previous experience in the education system.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 8F. Special Protections for Disabled Children Act of 2022 › §61-8F-7. Effective Dates

(a) This section and the provisions of 61-8F-1, 61-8F-2, and 61-8F-6 of this article shall be effective from passage.
(b) The provisions of 61-8F-3, 61-8F-4, and 61-8F-5 shall be effective July 1, 2022.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-1. Definition of Terms

For the purposes of this article the terms “place,” “person,” “nuisance” are defined as follows:” Place” shall include any building, structure, erection or place, or any separate part or portion thereof, or the ground itself; “person” shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee; ”nuisance” shall mean any place as above defined in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued or exists, and the personal property and contents used in conducting or maintaining any such place for any such purpose.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-2. Maintenance of Nuisance; Injunction

Any person who shall use, occupy, establish or conduct a nuisance as defined in section one, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance, by any such owner, agent, or lessee, shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-3. Suit to Enjoin; by Whom Instituted

Whenever a nuisance exists, the Attorney General of the state, the prosecuting attorney of the county wherein the same exists, or any person who is a citizen, resident or taxpayer of the county, may bring suit in equity in the name of the State of West Virginia, upon the relation of such Attorney General, prosecuting attorney, or any person, to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-5. Prima Facie Evidence of Nuisance; Prosecution of Complaint; Dismissal; Costs; Permanent Injunction

In such suit evidence of the general reputation of the place, or an admission or finding of guilt of any person under the criminal laws against prostitution, lewdness or assignation at any such place, shall be admissible for the purpose of proving the existence of such nuisance, and shall be prima facie evidence of such nuisance and of knowledge thereof and acquiescence and participation therein on the part of the person or persons charged with maintaining such nuisance as herein defined. If the complaint is filed by a person who is a citizen, resident or taxpayer of the county, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the action should be dismissed and the dismissal approved by the prosecuting attorney in writing or in open court. If the court or judge is of opinion that the action ought not to be dismissed, he may direct the prosecuting attorney to prosecute such action to judgment at the expense of the county, and if any such action is continued more than one term of court, any person who is a citizen, resident or taxpayer of the county, or the Attorney General, or the prosecuting attorney, may be substituted for the complainant and prosecute such suit to final decree. If the suit is brought by any person who is a citizen, resident or taxpayer of the county and the court finds and enters of record in the case that there were no reasonable grounds or cause for such suit, the costs may be taxed to such person. If the existence of the nuisance be established upon the trial, a decree shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere within the county.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-6. Order of Abatement; Sale of Personal Property; Renewal of Bond or Continuance of Closing Order; Release of Property; Breaking in or Entering Closed Property; Sheriff's Fees

If the existence of such nuisance be admitted or established in a suit as provided in this article, an order of abatement shall be entered as part of the decree in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released by and under the authority of the court as provided in section four of this article, and shall direct the sale of such thereof as belongs to the defendants notified or appearing in the manner provided for the sale of personal property under execution. Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in section four, or, if not so furnished, shall continue for one year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one year unless sooner released: Provided, however, That the owner of any place so closed and not released under bond as hereinbefore provided may then or thereafter appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability, to which it may be subject by law. Owners of unsold personal property and contents so seized shall appear and claim the same within ten days after such order of abatement is made, and if it has not been proved to the satisfaction of the court that such owner had knowledge of such use thereof, or, that with reasonable care and diligence, he could not have known thereof, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use any place so directed to be closed, he shall be punished as for contempt as provided hereinafter, in addition to any other penalties imposed by law. For removing and selling personal property and contents, the sheriff shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-7. Nuisance Disclosed in Criminal Proceedings; Proceeds From Sale of Personal Property

In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the prosecuting attorney to proceed promptly under this article to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings of any offense herein declared to be a nuisance, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. The proceeds of the sale of the personal property, as provided in the preceding section of this article, shall be applied in payment of the costs of the suit and abatement, including the complainant's costs, or so much of the proceeds as may be necessary, except as hereinafter provided.
2023 West Virginia Code › Chapter 61. Crimes and Their Punishment › Article 9. Equitable Remedies in Aid of Chastity, Morality and Decency › §61-9-8. Violation of Injunction or Closing Order; Trial; Penalty

In case of the violation of any injunction or closing order granted under the provisions of this article, or the commission of any contempt of court in proceedings under this article, the court, or a judge thereof in vacation, may summarily try and punish the offender. The proceedings shall conform to the practice in other suits in equity for violations of injunctions, and proceedings for contempt of court. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this article shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.