(a) A person is guilty of indecent exposure when such person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which person knows that the conduct is likely to cause affront or alarm: provided, that it is not considered indecent exposure for a mother to breast feed a child in any location, public or private.
(b) Except as provided in subsection (c), any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than thirty days, or fined not more than two hundred fifty dollars, or both fined and confined.
(c) Any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself to another person and the exposure was done for the purpose of sexual gratification, is guilty of a misdemeanor under West Virginia Code Section 61-8-9(c), and municipal police officers shall charge said person in Magistrate Court under said State Code Section, and the person shall be subject to the fine and/or imprisonment provisions thereof. Likewise, any person for a second offense, third or subsequent offenses of this section shall be charged by municipal police officers in Magistrate Court and the person shall be subject to the fine and/or imprisonment provisions of said West Virginia Code Section 61-8-9(c).
(Ord. 2015-13. Passed 10-5-15.)
(Ord. 2015-13. Passed 10-5-15.)