West Virginia legislation · 2025 Regular Session
West Virginia HB2123: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse
Status: Passed both chambers, April 25, 2025
The purpose of this bill is to modify the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child abuse resulting in injury and child abuse or neglect creating risk of injury.
What the bill says
An act to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child abuse resulting in bodily injury, serious bodily injury, child abuse causing substantial risk of death or serious bodily injury; providing that a prior conviction under this section subjects a person to increased penalties; and providing a definition for a prior conviction; and also relating to modifying the criminal penalties imposed on a par.
From the enrolled text, April 10, 2025:
AN ACT to amend and reenact §61-8D-3 and §61-8D-4 of the Code of West Virginia, 1931, as amended, all relating to modifying the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child abuse resulting in bodily injury, serious bodily injury, child abuse causing substantial risk of death or serious bodily injury; providing that a prior conviction under this section subjects a person to increased penalties; and providing a definition for a prior conviction; and also relating to modifying the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in relation to a child for child neglect resulting in bodily injury, serious bodily injury, and child neglect causing substantial risk of death or serious bodily injury; providing that a prior conviction under this section subjects a person to increased penalties; and providing a definition for a prior conviction. ARTICLE 8D. CHILD ABUSE. §61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal penalties. (a) If a parent, guardian, custodian, or person in a position of trust in relation to a child abuses a child and by the abuse causes the child bodily injury as the term is defined in §61-8B-1 of this code, then the parent, guardian, custodian, or …