W. Va. Code R. § 81-14-2 - Definitions

As used in this rule, unless in a context that clearly requires a different meaning the following terms are defined as such:

2.1. Board. -- The Sex Offender Registration Advisory Board, hereon known as the Board, a board created within the Division of Military Affairs and Public Safety whose primary purpose is to assist the circuit courts by delivering a report setting forth the findings and recommendations of the board on whether a person before the sentencing court is a sexually violent predator.

2.2. Central Registry. -- Hereon known as the Registry, the West Virginia Sex Offender Registry maintained by the West Virginia State Police and housed in the Criminal Records Section.

2.3. Mental abnormality. -- A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

2.4. Predatory act. -- Any act directed at a stranger, family member or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.

2.5. Post conviction supervisory status. -- Monitored or supervised behavior of the person following their conviction or release from incarceration. This status may include, but is not limited to, probation, parole, home detention or work release.

2.6. Sex Offender Registration Act. -- Hereon known as the Act, W. Va. Code § 15-12-1 et. seq., as amended, of the West Virginia Criminal Code, that sets forth the duties of various entities as it pertains to the registration of sex offenders and the duty of the West Virginia State Police to promulgate rules prescribing the manner of registration procedures.

2.7. Sexual criminal offenses. -- Those offenses that require registration as a sexual offender upon conviction or when found not guilty by reason of mental illness, mental retardation or addiction. These offenses include, but are not limited to, W. Va. Code §§ 61-3C-14b, 61-8B-3, 4, 5,6,7,8,9 or 10, 61-8C-2 or 3, 61-2-14, 61-8-6 or 7, 61-8D-5 or 6, 61-8-12, 61-11-8 (attempt to commit the previous offenses) and 61-8A-2,4,5. These also include, but are not limited to, offenses with similar provisions in another state, federal or military jurisdiction.

2.8. Sexually violent offenses. -- Any criminal offense set forth in W. Va. Code § 61-8 B of the West Virginia Criminal Code as amended, or offenses with similar provisions in another state, federal or military jurisdiction that include forcible compulsion, bodily injury or the use of a deadly weapon or any violent offense(s) that is determined by a court of competent jurisdiction to be sexually motivated.

2.9. Sexually violent predator. -- A person who has pled guilty to, has been convicted or found not guilty by reason of mental illness, mental retardation or addiction, of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes a person likely to engage in predatory sexually violent offenses.

2.10. Sex offender. -- A person convicted of any of the offenses referred to in W. Va. Code § 15-12-2 as amended, or offenses with similar provisions in another state, federal or military jurisdiction, or a person convicted of the attempt to commit the above referred offenses or a person that was found not guilty of the above referenced offenses by reason of mental illness, mental retardation or addiction or a person convicted of a criminal offense, which at the time of sentencing, was found by the sentencing judge to have been sexually motivated.

2.11. Vehicle information. -- Make, model, color, year and license number of any vehicle including any motor vehicle, trailer or motor home the person has registered in his or her name or to which he or she regularly operates. Trailer shall mean travel trailer, fold-down camping trailer and house trailer.

2.12. Address. -- Any current physical address(es) including the mailing address and any habitable real property owned or leased that the offender regularly visits.

2.13. Physical address. -- The actual location of the residence(s).

2.14. Family member. -- As defined in W. Va. Code § 48-27-204, as amended.

Notes

W. Va. Code R. § 81-14-2