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WV SB183

WV SB183
Removing certain entities from list of exemptions from criminal liability relating to distribution and display of obscene matter to minor


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead

Introduced Session

2026 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 proposes to remove schools, public libraries, and museums from a list of entities that are currently exempt from criminal charges related to distributing or displaying obscene material to minors. Currently, West Virginia law (§61-8A-3) provides certain exemptions from criminal liability for distributing or displaying obscene matter to minors, including for bona fide schools presenting approved curriculum and for public libraries or museums when a minor is accompanied by a parent. This bill would eliminate these specific protections for schools, libraries, and museums, meaning they could be prosecuted under the criminal provisions of §61-8A-2 if they distribute or display obscene material to a minor, regardless of parental accompaniment or curriculum approval. Other existing exemptions, such as those for licensed medical professionals, law enforcement, individuals who took reasonable steps to verify age, and regulated telecommunications services, would remain in place.

Committee Categories

Justice

Sponsors (3)

Last Action

To Judiciary (on 01/14/2026)

bill text


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