West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-14 - Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act › Section 81-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless in a context that clearly
				  requires a different meaning the following terms are defined as such:
2.1. Board. -- The Sex Offender Registration
				Advisory Board, hereon known as the Board, a board created within the Division
				of Military Affairs and Public Safety whose primary purpose is to assist the
				circuit courts by delivering a report setting forth the findings and
				recommendations of the board on whether a person before the sentencing court is
				a sexually violent predator.
2.2.
				Central Registry. -- Hereon known as the Registry, the West Virginia Sex
				Offender Registry maintained by the West Virginia State Police and housed in
				the Criminal Records Section.
2.3.
				Mental abnormality. -- A congenital or acquired condition of a person that
				affects the emotional or volitional capacity of the person in a manner that
				predisposes that person to the commission of criminal sexual acts to a degree
				that makes the person a menace to the health and safety of other
				persons.
2.4. Predatory act. -- Any
				act directed at a stranger, family member or at a person with whom a
				relationship has been established or promoted for the primary purpose of
				victimization.
2.5. Post conviction
				supervisory status. -- Monitored or supervised behavior of the person following
				their conviction or release from incarceration. This status may include, but is
				not limited to, probation, parole, home detention or work release.
2.6. Sex Offender Registration Act. -- Hereon
				known as the Act, W. Va. Code §
									15-12-1
				et. seq., as amended, of the West Virginia Criminal Code, that sets forth the
				duties of various entities as it pertains to the registration of sex offenders
				and the duty of the West Virginia State Police to promulgate rules prescribing
				the manner of registration procedures.
2.7. Sexual criminal offenses. -- Those
				offenses that require registration as a sexual offender upon conviction or when
				found not guilty by reason of mental illness, mental retardation or addiction.
				These offenses include, but are not limited to, W. Va. Code §§
									61-3C-14b,
				61-8B-3,
				4, 5,6,7,8,9 or 10,
				61-8C-2
				or 3,
				61-2-14,
				61-8-6
				or 7,
				61-8D-5
				or 6,
				61-8-12,
				61-11-8
				(attempt to commit the previous offenses) and
				61-8A-2,4,5.
				These also include, but are not limited to, offenses with similar provisions in
				another state, federal or military jurisdiction.
2.8. Sexually violent offenses. -- Any
				criminal offense set forth in W. Va. Code § 61-8 B of the West Virginia
				Criminal Code as amended, or offenses with similar provisions in another state,
				federal or military jurisdiction that include forcible compulsion, bodily
				injury or the use of a deadly weapon or any violent offense(s) that is
				determined by a court of competent jurisdiction to be sexually
				motivated.
2.9. Sexually violent
				predator. -- A person who has pled guilty to, has been convicted or found not
				guilty by reason of mental illness, mental retardation or addiction, of a
				sexually violent offense and who suffers from a mental abnormality or
				personality disorder that makes a person likely to engage in predatory sexually
				violent offenses.
2.10. Sex
				offender. -- A person convicted of any of the offenses referred to in W. Va.
				Code §
									15-12-2
				as amended, or offenses with similar provisions in another state, federal or
				military jurisdiction, or a person convicted of the attempt to commit the above
				referred offenses or a person that was found not guilty of the above referenced
				offenses by reason of mental illness, mental retardation or addiction or a
				person convicted of a criminal offense, which at the time of sentencing, was
				found by the sentencing judge to have been sexually motivated.
2.11. Vehicle information. -- Make, model,
				color, year and license number of any vehicle including any motor vehicle,
				trailer or motor home the person has registered in his or her name or to which
				he or she regularly operates. Trailer shall mean travel trailer, fold-down
				camping trailer and house trailer.
2.12. Address. -- Any current physical
				address(es) including the mailing address and any habitable real property owned
				or leased that the offender regularly visits.
2.13. Physical address. -- The actual
				location of the residence(s).
2.14.
				Family member. -- As defined in W. Va. Code §
									48-27-204,
				as amended.