This bill proposes to amend West Virginia Code § 61-8A-3 by removing the exemptions that currently protect bona fide schools, public libraries, and museums from criminal liability for the distribution and display of obscene matter to minors. Specifically, the bill deletes the existing provisions that allow these entities to present obscene material under certain conditions, such as being part of an approved curriculum or when minors are accompanied by a parent.

In addition to the deletions, the bill retains and clarifies exemptions for licensed medical or mental health care providers, judicial or law enforcement officers, and individuals who take reasonable measures to ascertain the age of the recipient when distributing obscene material. The intent of the legislation is to tighten regulations surrounding the distribution of obscene matter to minors by eliminating the protections previously afforded to educational and cultural institutions.

Statutes affected:
Introduced Version: 61-8A-3