West Virginia Code 61-8A-2 – Distribution and display to minor of obscene matter; penalties; defenses
(a) Any adult, with knowledge of the character of the matter, who knowingly and intentionally distributes, offers to distribute, or displays to a minor any obscene matter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or confined in a state correctional facility for not more than five years, or both.
Terms Used In West Virginia Code 61-8A-2
- Adult: means a person eighteen years of age or older. See West Virginia Code 61-8A-1
- Conviction: A judgement of guilt against a criminal defendant.
- Distribute: means to transfer possession, transport, transmit, sell or rent, whether with or without consideration. See West Virginia Code 61-8A-1
- Knowledge of the character of the matter: means having awareness of or notice of the overall sexual content and character of matter as depicting, representing or describing obscene matter. See West Virginia Code 61-8A-1
- Matter: means any visual, audio, or physical item, article, production transmission, publication, exhibition, or live performance, or reproduction thereof, including any two- or three- dimensional visual or written material, film, picture, drawing, video, graphic, or computer generated or reproduced image. See West Virginia Code 61-8A-1
- Minor: means an . See West Virginia Code 61-8A-1
- Obscene matter: means matter that:
(1) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest. See West Virginia Code 61-8A-1
- Parent: includes a biological or adoptive parent, legal guardian or legal custodian. See West Virginia Code 61-8A-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) It is a defense to a prosecution under the provisions of this section that the obscene matter:
(1) Was displayed in an area from which minors are physically excluded and the matter so located cannot be viewed by a minor from nonrestricted areas; or
(2) Was covered by a device, commonly known as a “blinder rack,” such that the lower two thirds of the cover of the material is not exposed to view; or
(3) Was enclosed in an opaque wrapper such that the lower two thirds of the cover of the material was not exposed to view; or
(4) Was displayed or distributed after taking reasonable steps to receive, obtain or check an adult identification card, such as a driver's license or other technically or reasonably feasible means of verification of age.
(c) It is a defense to an alleged violation under this section that a parent had taken reasonable steps to limit the minor's access to the obscene matter.