This bill aims to amend the Code of West Virginia by introducing a new section, 18-5-29, which prohibits the presence of obscene materials in or within 2,500 feet of public schools, including libraries, classrooms, and other facilities under the supervision of the state board. The bill defines "obscene matter" and mandates that school officials or personnel who are aware of such materials must ensure their prompt removal. Additionally, it establishes that school officials who fail to report suspected exposure of children to obscene materials may face misdemeanor charges, with penalties including fines and imprisonment. The State Superintendent is tasked with creating a complaint procedure for violations and ensuring the removal of any obscene materials found.

Furthermore, the bill stipulates that no state or federal funds can be used to develop or distribute materials that promote sexual activity or to distribute obscene materials to minors near schools. It also allows for civil action against educational entities if they are found negligent in preventing violations of this section. The bill includes various definitions related to obscene materials and establishes penalties for adults who violate the law regarding the distribution of such materials to minors. Overall, the legislation seeks to enhance protections for children in educational settings against exposure to inappropriate content.

Statutes affected:
Introduced Version: 61-8A-1, 18-5-29