Criminal Justice

This bill creates a new felony offense for indecent exposure committed in front of minors and requires individuals convicted of this crime to register as sex offenders. The legislation defines indecent exposure as exposing one's nude penis, vagina, or anus and includes undressing in opposite-sex locker rooms as a violation while removing exemptions for breastfeeding. Penalties increase with repeat offenses, and the new crime counts as a qualifying offense for recidivist sentencing enhancements. The bill also clarifies that registration requirements apply retroactively to past convictions involving these offenses.

Senate Bill 590 makes it a crime for performers to host adult cabaret shows - defined as performances featuring topless, go-go, exotic, or stripper dancers that appeal to prurient interest - where minors could view them, whether on public property or in accessible locations. Violating this law carries penalties: a first offense is a misdemeanor, while repeat offenses become felonies punishable by up to $25,000 fines, five years in prison, or both. The bill explicitly overrides any existing local ordinances about such performances. It directly affects venues and performers hosting these shows in public or viewable areas, ensuring uniform state-level enforcement.

This bill grants municipal fire marshals in West Virginia the authority to assist law enforcement officers in carrying out their official duties. It allows fire marshals to arrest individuals who disobey lawful orders at fire scenes, violate arson or explosive offense prohibitions, obstruct a fire marshal, or fail to obey lawful commands, provided they receive required law enforcement training. The legislation also permits fire marshals to file criminal complaints to obtain arrest warrants and clarifies that assistance to federal law enforcement is subject to specific limitations. Additionally, fire marshals may help other law enforcement officers execute their duties when requested, but must work under the direct supervision of the requesting officer.