Text of WV SB 322 (2024)

Relating to crime of sexual assault

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As introduced

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WEST VIRGINIA LEGISLATURE 2024 REGULAR SESSION Introduced Senate Bill 322 By Senator Tarr [Introduced January 12, 2024; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-5a, relating to establishing the crime of sexual assault in the fourth degree; prohibiting school personnel from subjecting a minor student to sexually explicit or oriented discussion, gender persuasion, reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent, or guardian that is not the exact same for the minor's classmates; and establishing penalties for violation. Be it enacted by the Legislature of Virginia: ARTICLE 8B. SEXUAL OFFENSES. §61-8B-5a. Sexual assault in the fourth degree. (a) A person is guilty of sexual assault in the fourth degree when: (1) He or she is employed as a teacher, principal, counselor, coach, other employee, or volunteer of any private or public elementary or secondary school; and (2) He or she subjects a minor student to sexually explicit or oriented discussion, gender persuasion, and reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates. (b) A person who violates the provisions of this section is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years or fined not more than $5,000 or both imprisoned and fined. NOTE: The purpose of this bill is to establish the crime of sexual assault in the fourth degree; to prohibit school personnel from subjecting a minor student to sexually explicit or oriented discussion, gender persuasion, reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates; and to establish penalties for violation.. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.