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HB 2123

Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse

2025 Regular Session Introduced by J.B. Akers and 10 co-sponsors

House Bill 2123 increases penalties for child abuse and neglect in West Virginia, enhancing protections for children and imposing stricter consequences on offenders.

Chapter 77, Acts, Regular Session, 2025
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Bill Summary · HB 2123

Summary of House Bill 2123

Bill Number: HB 2123
Title: Modifying the criminal penalties imposed on a parent, guardian, or custodian for child abuse
Status: Chapter 77, Acts, Regular Session, 2025
Introduced: February 12, 2025
Classification: Bill
Subject: Crime

Purpose and Intent

House Bill 2123 aims to amend the existing criminal penalties for parents, guardians, custodians, or individuals in a position of trust regarding child abuse and neglect in West Virginia. The bill seeks to enhance the penalties for those found guilty of child abuse resulting in bodily injury or serious bodily injury, as well as for child neglect that results in similar injuries. Additionally, it introduces increased penalties for repeat offenders.

Key Provisions

The bill modifies sections 61-8D-3 and 61-8D-4 of the West Virginia Code, which govern child abuse and neglect. Key changes include:

Child Abuse (Section 61-8D-3)

  • Bodily Injury:
    • First offense: Felony, fine of $100 to $1,000, and imprisonment of 1 to 10 years.
  • Serious Bodily Injury:
    • Felony, fine of $1,000 to $5,000, and imprisonment of 2 to 15 years.
  • Substantial Risk of Death or Serious Bodily Injury:
    • Felony, fine up to $3,000, and imprisonment of 2 to 10 years.
  • Misdemeanor for First Offense:
    • Fine of $100 to $1,000 or up to 6 months in jail.
  • Repeat Offenses:
    • Increased penalties for second and third offenses, with potential felony charges for repeat offenders.

Child Neglect (Section 61-8D-4)

  • Bodily Injury from Neglect:
    • Felony, fine of $100 to $1,000, and imprisonment of 1 to 3 years.
  • Serious Bodily Injury from Neglect:
    • Felony, fine of $300 to $3,000, and imprisonment of 1 to 10 years.
  • Gross Neglect Creating Substantial Risk:
    • Felony, fine of $1,000 to $3,000, and imprisonment of 1 to 10 years.
  • Misdemeanor for First Offense:
    • Fine of $100 to $1,000 or up to 6 months in jail.

Additional Provisions

  • Individuals convicted of a misdemeanor may be required to complete parenting classes or counseling.
  • The bill clarifies that reasonable discipline is not prohibited under the law.

Who Would Be Affected?

This legislation primarily affects:
- Parents, guardians, custodians, or individuals in a position of trust who are found guilty of child abuse or neglect.
- The children involved, as the bill aims to provide stronger protections against abuse and neglect.

Procedural Aspects

  • The bill was introduced on February 12, 2025, and passed through various legislative stages, including committee discussions and amendments.
  • It received approval from the Governor on April 25, 2025, and was enacted as Chapter 77 on July 30, 2025.

Conclusion

House Bill 2123 represents a significant change in the legal framework surrounding child abuse and neglect in West Virginia, aiming to impose stricter penalties on offenders and enhance the protection of children from harm. The bill reflects a commitment to addressing child welfare issues more effectively within the state's legal system.

Compiled from official sources — confirm details with the bill’s official record.

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