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HB 2068

Relating to Animal Abuse

2025 Regular Session Introduced by Kayla Young

HB 2068 criminalizes sexual abuse of animals in West Virginia, imposing penalties, requiring psychiatric evaluations, and ensuring offenders lose animal ownership rights.

To House Judiciary
#crime #education(k12) #publicsafety
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Bill Summary · HB 2068

Summary of House Bill 2068: Relating to Animal Abuse

Bill Number: HB 2068
Introduced by: Rep. Tony M. McCombie
Introduced on: January 29, 2025
Current Status: To House Judiciary
Classification: Bill
Subjects: Crime, Education (K-12), Public Safety

Purpose and Intent

House Bill 2068 aims to address and prohibit activities related to the sexual abuse of animals in the state of West Virginia. The bill seeks to establish clear legal definitions, criminal penalties, and measures for the forfeiture of animals involved in such abuse. It also mandates psychiatric evaluations for offenders in certain circumstances, reflecting a commitment to both animal welfare and public safety.

Key Provisions

The bill introduces a new section, §61-8-19d, to the Code of West Virginia, which includes the following key provisions:

  1. Definition of Terms:

    • Animal: Defined as every nonhuman creature.
    • Sexual Abuse: Defined as actions involving touching or contacting an animal's sensitive areas for sexual gratification.

  2. Criminal Offenses:

    • Engaging in or facilitating sexual abuse of an animal is classified as a misdemeanor, punishable by:
      • Up to 12 months in jail.
      • Fines ranging from $300 to $2,000.
    • Enhanced penalties for repeat offenders or those causing serious injury or death to the animal, which can escalate to felony charges with:
      • Imprisonment of 1 to 5 years.
      • Fines between $1,000 and $5,000.
    • A separate felony charge for forcing or inducing a minor to engage in sexual abuse, with penalties of up to 10 years in prison and fines up to $10,000.

  3. Forfeiture and Restrictions:

    • Convicted individuals will lose ownership of all animals in their possession.
    • They will be liable for the costs associated with the care of these animals.
    • A minimum prohibition period on owning or residing with animals is set at 5 years for misdemeanors and 15 years for felonies.

  4. Psychiatric Evaluation:

    • Offenders may be required to undergo a psychiatric evaluation before being considered for probation, with costs borne by the offender unless they are determined to be indigent.

Impact

This bill is designed to enhance the legal framework surrounding animal welfare in West Virginia, providing law enforcement with the tools necessary to address and penalize acts of animal abuse effectively. It aims to protect animals from sexual exploitation and ensure that offenders receive appropriate psychological assessment and treatment.

Procedural Timeline

  • January 29, 2025: Filed with the Clerk.
  • February 4, 2025: First Reading and referred to the Rules Committee.
  • February 12, 2025: Introduced in the House and referred to the Judiciary Committee.
  • March 4, 2025: Assigned to the Executive Committee.
  • March 12, 2025: Passed in the Executive Committee with a vote of 12-0.
  • March 27, 2025: Held on the Calendar for Second Reading.
  • May 31, 2025: Rule 19(a) re-referred to the Rules Committee.

This summary provides a comprehensive overview of HB 2068, highlighting its purpose, key provisions, and potential impact on animal welfare and public safety in West Virginia.

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

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