This bill aims to amend and clarify existing laws in West Virginia regarding the distribution and exhibition of obscene matter to minors, specifically expanding the definition to include any depiction of sexually graphic material intended to seduce a minor. Key changes include the insertion of language that specifies the distribution of "matter depicting sexually explicit conduct for the purpose of seducing a minor" as a felony offense, punishable by fines up to $25,000 and/or imprisonment for up to five years. Additionally, the bill 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 introduces new provisions that enhance penalties for adults who knowingly distribute obscene matter to minors with the intent to seduce them, increasing fines for repeat offenders. It also clarifies exemptions from criminal liability for certain entities, such as schools, libraries, and medical professionals, while emphasizing the responsibility of adults to ascertain the age of minors when distributing such material. Overall, the legislation seeks to strengthen protections for minors against sexual exploitation through clearer definitions and stricter penalties.

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