This bill seeks to amend the West Virginia Code to strengthen protections for minors against exposure to indecent displays, particularly those related to transvestite and transgender performances. Key amendments include a revised definition of indecent exposure that now explicitly encompasses engaging in obscene matter or sexually explicit conduct. The bill increases penalties for violations, raising the maximum jail time for indecent exposure from ninety days to six months and fines from $250 to $1,000. Repeat offenders will face even harsher penalties, with fines for second offenses escalating to $5,000 and potential felony charges for third offenses. Additionally, the bill introduces provisions that impose increased fines on proprietors of venues that unlawfully admit minors under 18 years of age to such performances.
Moreover, the bill outlines new procedures for prosecuting nuisance actions related to indecent displays to minors. It mandates that complaints from citizens or residents cannot be dismissed without a sworn statement and must receive approval from the prosecuting attorney. The Attorney General or prosecuting attorney may take over ongoing prosecutions beyond one court term. If a nuisance is confirmed, a decree will permanently enjoin the defendants from maintaining it, and the bill details the abatement process, including the potential sale of personal property used in the nuisance. Penalties for violations of injunctions are also increased, with maximum fines raised from $1,000 to $5,000, and a new $1,000 tax is imposed on individuals maintaining a nuisance, recorded as a lien on the property involved, though exemptions are provided for innocent property owners or those who have abated the nuisance in good faith.