Andy Dick in hot West Virginia water UPDATE

by Brian McKim & Traci Skene on January 23rd, 2010

UPDATE from a Herald Dispatch story, 2:59 PM Saturday: He’s facing one to five years if convicted. Two patrons claimed Dick groped them at the bar. Huntington Bone’s manager bailed Dick out with $6,000, claiming nothing happened, that they were only at the bar ten minutes.

According to a press release issued at 12:26 p.m. Saturday from the Huntington Police Department, officers responded to a call to investigate “two alleged incidents of a patron engaging in non-consensual sexual contact with a bar employee and another patron.”

* * * * * *

He’s done something to get arrested, this time in Huntington, West Virginia, while booked at the Funny Bone. Details are sketchy.

The 44-year-old is charged with two felony counts of first-degree sexual abuse. He is being held at the Western Regional Jail until his arraignment later Saturday.

What constitutes sexual abuse in the first degree? Not sure what it is in West Virginia, but in Kentucky it’s:

510.110 Sexual abuse in the first degree.

(1) A person is guilty of sexual abuse in the first degree when:

(a) He or she subjects another person to sexual contact by forcible compulsion; or
(b) He or she subjects another person to sexual contact who is incapable of consent because he or she:

1. Is physically helpless;
2. Is less than twelve (12) years old; or
3. Is mentally incapacitated; or

(c) Being twenty-one (21) years old or more, he or she:

1. Subjects another person who is less than sixteen (16) years old to sexual contact;
2. Engages in masturbation in the presence of another person who is less than sixteen (16) years old and knows or has reason to know the other person is present; or
3. Engages in masturbation while using the Internet, telephone, or other
electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate.

(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.

Take your pick.

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