This bill seeks to amend and clarify existing laws in West Virginia regarding the distribution and exhibition of obscene matter to minors. Specifically, it expands the definition of felony offenses related to exhibiting obscene material to include any depiction of sexually explicit conduct intended to seduce a minor. The bill introduces new legal language that specifies that adults who knowingly distribute or display such material to minors can face felony charges, with penalties including fines up to $25,000 and imprisonment for up to five years. Additionally, it outlines defenses against prosecution, such as ensuring that the material is displayed in areas inaccessible to minors or taking reasonable steps to verify the age of the recipient.

Furthermore, the bill includes provisions that exempt certain entities from criminal liability, such as bona fide schools, public libraries, and licensed medical professionals, under specific circumstances. It also establishes penalties for adults who employ minors to produce obscene material or engage in sexually explicit conduct, with fines reaching up to $50,000 and potential imprisonment for up to ten years for repeat offenders. Overall, the legislation aims to strengthen protections for minors against sexual exploitation and clarify the legal framework surrounding the distribution of sexually explicit material.

Statutes affected:
Introduced Version: 61-8A-2, 61-8A-3, 61-8A-4, 61-8A-5