HB 4448
Removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to minor of obscene matter
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill alters West Virginia’s laws regarding the distribution and display of obscene material to minors. Currently, schools, public libraries, and museums are exempt from criminal liability for such actions. This bill removes these exemptions, meaning these institutions could face prosecution if they distribute or display obscene material to minors. The bill clarifies existing exemptions related to medical professionals, law enforcement, and specific circumstances regarding distribution methods.
Key provisions
- Removes exemptions for schools from prosecution for distributing obscene material to minors.
- Removes exemptions for public libraries from prosecution for distributing obscene material to minors.
- Removes exemptions for museums from prosecution for distributing obscene material to minors.
- Maintains exemptions for licensed medical and mental health care providers.
- Maintains exemptions for judicial and law-enforcement officers.
- Maintains exemptions for individuals who did not know a minor was involved and took reasonable measures to verify age.
- Maintains exemptions for those distributing via telephone, computer networks, or the internet who took reasonable measures to prevent minors' access.
Who is affected
- Schools
- Public Libraries
- Museums
- Parents of Minors
- Law Enforcement
Notable changes
- Eliminates the current exemptions for schools, libraries, and museums regarding the distribution of obscene material to minors.
Sponsors
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Primary sponsor
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