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 these deletions, the bill retains exemptions for licensed medical or mental health care providers, judicial or law enforcement officers, individuals who are unaware that they are distributing obscene material to minors, and entities that take reasonable measures to prevent minors from accessing obscene content. The overall intent of the bill is to tighten regulations surrounding the distribution of obscene material to minors by eliminating the protections previously afforded to educational and cultural institutions.

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