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 as part of an approved curriculum or to display such material to minors when accompanied by a parent.

In place of the deleted exemptions, the bill retains and clarifies other exemptions for licensed medical or mental health care providers, law enforcement officers, and individuals who take reasonable measures to ascertain the age of the recipient when distributing obscene matter. The intent of the bill is to ensure that schools, libraries, and museums are no longer shielded from prosecution in cases involving the distribution of obscene materials to minors.

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