West Virginia 2024 Regular Session

West Virginia House Bill HB4654

Introduced
1/12/24  
Refer
1/12/24  
Engrossed
2/16/24  
Refer
2/20/24  

Caption

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

Impact

If enacted, HB 4654 would significantly impact the ability of educational and cultural institutions to present or distribute materials that could be classified as obscene. It would create stricter regulations around what can be shown to minors in these contexts, potentially limiting access to certain educational resources or artistic works. This change aims to enhance child protection measures but raises questions about the balance between safeguarding youth and restricting access to information.

Summary

House Bill 4654 proposes to amend the Code of West Virginia by removing the exemptions for bona fide schools, public libraries, and museums concerning criminal liability for the distribution and display of obscene materials to minors. Currently, these entities are protected from prosecution under specific circumstances, such as when the material is part of an approved curriculum or displayed with parental supervision. The bill seeks to reevaluate these protections in light of concerns regarding the exposure of minors to inappropriate content.

Sentiment

The sentiment surrounding HB 4654 is polarized. Supporters argue that the bill is a necessary step for protecting minors from harmful content and the potential negative influences of obscene materials. This viewpoint emphasizes the role of the state in safeguarding children’s welfare. On the flip side, opponents express concerns that this legislation could lead to censorship and limit educational opportunities. They argue that it may inhibit the ability of libraries and schools to provide comprehensive curricula and resources, advocating for a more nuanced approach that balances protection with access.

Contention

Notable points of contention include the definition of what constitutes 'obscene material' and the implications of increased censorship within educational and public institutions. Critics worry that the bill could lead to the arbitrary removal of materials deemed inappropriate, undermining the mission of schools and libraries to foster open inquiry and critical thinking. Additionally, there are concerns regarding the potential for this law to disproportionately affect marginalized voices in literature and media, limiting diverse perspectives available to students and the community.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4448

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

WV HB2396

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

WV SB183

Removing certain entities from list of exemptions from criminal liability relating to distribution and display of obscene matter to minor

WV SB539

Removing certain entities from list of exemptions from criminal liability relating to distribution and display of obscene matter to minor

WV SB2194

Crime of distribution of obscene materials; delete exemption for public and private school libraries.

WV SB2812

Crime of distribution of obscene materials; delete exemption for public and private school libraries.

WV SB27

Clarifying felony of exhibiting obscene matter to minor

WV HB710

Criminal Law - Display of Obscene Material to Minors

WV HB0710

Criminal Law - Display of Obscene Material to Minors

WV HB0072

AN ACT relating to crimes and offenses; creating the crime of promoting obscenity to minors; amending the crime of promoting obscenity as specified; providing and amending definitions; prohibiting public school libraries and county libraries from curating materials that are harmful to minors; repealing an exemption from the crime of promoting obscenity for activities conducted in the course of employment at a school, college, university, museum or public library; repealing obsolete provisions; and providing for an effective date.

Similar Bills

No similar bills found.