March 15th, 2017
Petitioner was indicted for “distributing and exhibiting material depicting minors engaged in sexually explicit conduct” under West Virginia Code § 61-8C-3, but was found incompetent to stand trial. Petitioner appeals the order of the circuit court regarding his competency inasmuch as the circuit court ruled that the crime of viewing minors engaged sexually explicit conduct was a crime involving an act of violence against a person, and thus, pursuant to West Virginia Code § 27-6A-3(h), ordered that petitioner remain under the court’s jurisdiction until the expiration of the maximum sentence for the crime - ten years.
