West Virginia SB783 mandates separate sentencing proceedings for capital sexual battery cases involving victims under 12 years old.

West Virginia SB783 establishes a separate sentencing proceeding for defendants convicted of capital sexual battery involving victims under 12 years old. The court must weigh aggravating and mitigating factors to determine if the defendant should receive a death sentence or life imprisonment. Aggravating factors include the defendant being a sexual predator or creating a great risk of death. Mitigating factors include the defendant having no significant criminal history or being under extreme mental or emotional disturbance.

West Virginia SB783 mandates separate sentencing proceedings for capital sexual battery cases involving victims under 12 years old.

West Virginia SB783 establishes a separate sentencing proceeding for defendants convicted of capital sexual battery involving victims under 12 years old. The court must weigh aggravating and mitigating factors to determine if the defendant should receive a death sentence or life imprisonment. Aggravating factors include the defendant being a sexual predator or creating a great risk of death. Mitigating factors include the defendant having no significant criminal history or being under extreme mental or emotional disturbance.