(a) Any person over the age of eighteen, who knowingly uses a computer to solicit, entice, seduce or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer or a person he or she believes to be such a minor, in order to engage in any illegal act proscribed by the provisions of article eight, eight-b, eight-c or eight-d of this chapter, or any felony offense under section four hundred one, article four, chapter sixty-a of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both.
(b) Any person over the age of eighteen who uses a computer in the manner proscribed by the provisions of subsection (a) of this section and who additionally engages in any overt act designed to bring himself or herself into the minor’s, or the person believed to be a minor’s, physical presence with the intent to engage in any sexual activity or conduct with such a minor that is prohibited by law, is guilty of a felony and shall be fined not more than $25,000 or imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than thirty years, or both: Provided, That subsection (a) shall be deemed a lesser included offense to that created by this subsection.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 3C. West Virginia Computer Crime and Abuse Act
§61-3C-2. Legislative Findings
§61-3C-4. Computer Fraud; Access to Legislature Computer; Criminal Penalties
§61-3C-5. Unauthorized Access to Computer Services
§61-3C-6. Unauthorized Possession of Computer Data or Programs
§61-3C-7. Alteration, Destruction, etc., of Computer Equipment
§61-3C-8. Disruption of Computer Services
§61-3C-9. Unauthorized Possession of Computer Information, etc.
§61-3C-10. Disclosure of Computer Security Information
§61-3C-11. Obtaining Confidential Public Information
§61-3C-12. Computer Invasion of Privacy
§61-3C-13. Fraud and Related Activity in Connection With Access Devices
§61-3C-14. Endangering Public Safety
§61-3C-15. Computer as Instrument of Forgery
§61-3C-16. Civil Relief; Damages
§61-3C-17. Defenses to Criminal Prosecution
§61-3C-19. Prosecution Under Other Criminal Statutes Not Prohibited