State v. Riggleman (Signed Opinion)
Annotate this CasePetitioner was indicted on a felony charge of possession of child pornography. Petitioner was initially found not competent to stand trial. Later, the circuit court held a hearing regarding Petitioner’s competency. The court concluded that Petitioner’s alleged crime of attaining and viewing images of children engaged in sexual acts via his computer was a crime involving “an act of violence against a person” within the meaning of W. Va. Code 27-6A-3(h) and ordered that Petitioner remain under its jurisdiction until the expiration of his maximum sentence or until he attained competency and the charges were resolved. The Supreme Court affirmed, holding (1) distributing and exhibiting material depicting minors engaged in sexually explicit conduct is a crime that involves an act of violence against a person within the meaning of section 27-6A-3(h); and (2) therefore the circuit court is justified in maintaining jurisdiction over him pursuant to the statute.
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