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Bill > SB539


WV SB539

WV SB539
Removing certain entities from list of exemptions from criminal liability relating to distribution and display of obscene matter to minor


summary

Introduced
02/19/2025
In Committee
02/19/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to remove schools, museums, and public libraries from the exemption which protects these types of entities from prosecution for distribution and display to minor of an obscene matter.

AI Summary

This bill removes the existing legal exemptions for schools, public libraries, and museums from criminal liability when distributing or displaying obscene matter to minors. Currently, these institutions were protected from prosecution under certain circumstances, such as when a parent accompanied the minor. The bill eliminates these specific exemptions, which means these entities could now potentially face criminal charges if they distribute or display obscene material to minors. The bill retains other existing exemptions, such as those for medical professionals, law enforcement officers, individuals who did not reasonably know the age of the recipient, telecommunications services, and those who take reasonable measures to prevent minors' access to obscene content. By removing the protections for schools, libraries, and museums, the bill aims to create stricter standards for how these institutions handle potentially inappropriate material in the presence of minors, potentially making them more legally vulnerable to prosecution under obscenity laws.

Committee Categories

Justice

Sponsors (3)

Last Action

To Judiciary (on 02/19/2025)

bill text


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