Bill > SB687

This bill prohibits "obscene matter," defined by West Virginia law as material that appeals to prurient interest, depicts sexually explicit conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value, from being present in or within 2,500 feet of any public school facility in West Virginia, including libraries, classrooms, and buildings for grades prekindergarten through 12, charter schools, career technical education centers, and schools for the deaf and blind. School officials and personnel who become aware of such materials must ensure their prompt removal, and failure to report suspected exposure of a child to obscene matter can result in misdemeanor charges. The State Superintendent will establish procedures for filing and investigating complaints, and if violations are found, steps will be taken to remove the material and notify law enforcement if a violation of distributing or displaying obscene matter to a minor is likely. Furthermore, no state or federal funds can be used by schools to develop or distribute materials promoting sexual activity to youth or to distribute legally obscene materials to minors near schools. The bill also outlines penalties for adults who commit felonies related to obscene matter and grants students and their guardians a civil cause of action against educational entities that cause or are negligent in allowing violations of these provisions, allowing for recovery of damages, attorney fees, and litigation costs.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=687&year=2026&sessiontype=RS&btype=bill