Three Strikes= Felony Prostitution Tossed by WV Supreme Court

Updated 26 weeks ago by Tony E. Rutherford, News Editor
Three Strikes= Felony Prostitution Tossed by WV Supreme Court

The WV Supreme Court has removed from the books a statute that allowed prostitutes to be charged with a felony for a third offense.

By a narrow 3-2 decision, the Court held that the felony charge can only be applied to those financially benefiting from prostitution i.e.  a pimp, panderer, solicitor, or operator.

Cabelll County Judge Paul Farrell had held that the prostitute benefits financially from their own acts and must be included.

Belinda Fuller had in 2015 solicited a sex act for $20 from an undercover police officer. Having two prior soliciting convictions, she was indicted by a grand jury on the felony.

In overturning the third offense felony for prostitutes, the court said the legislature last visited this statute in 1943 and suggested the court would welcome updated clarification by the legislature.

You can read the full opinion of the court by downloading a PDF below.

 

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