This bill amends West Virginia Code §61-8C-3, which addresses the distribution and exhibition of materials depicting minors engaged in sexually explicit conduct. It clarifies that the criminal prohibitions do not apply to specific groups of individuals, including law enforcement personnel, prosecuting attorneys, judges, magistrates, jurors, and their support staff, when they are performing their official duties. Additionally, the bill requests the Supreme Court of Appeals to establish rules and protocols for the handling of such materials, ensuring the privacy rights of victims and the due process rights of defendants are respected.

Furthermore, the bill introduces mandatory reporting requirements for individuals who, in the course of their employment, encounter images that appear to depict minors in sexually explicit conduct. Those required to report must notify local or state law enforcement or the Cyber Tipline at the National Center for Missing and Exploited Children. Compliance with this reporting requirement is established as an affirmative defense against any alleged violations of the law, provided there is no willful or wanton misconduct involved.

Statutes affected:
Introduced Version: 61-8C-3
Engrossed Version: 61-8C-3
Committee Substitute: 61-8C-3