West Virginia 2023 Regular Session

West Virginia House Bill HB2980

Introduced
1/24/23  

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

The impact of HB2980 is substantial, as it alters the legal landscape regarding the distribution of obscene materials in educational and informational institutions. By removing these exemptions, the legislation makes schools, libraries, and museums liable for the content they provide, thus imposing stricter regulations on how they manage materials accessible to minors. This change could lead to these institutions implementing more rigorous material reviews and potential limitations on what can be displayed or distributed, thereby affecting their operational practices and educational missions.

Summary

House Bill 2980 proposes significant changes to the West Virginia Code by removing the exemptions that currently shield bona fide schools, public libraries, and museums from criminal liability for distributing or displaying obscene material to minors. Specifically, this bill aims to ensure that such entities are no longer protected when it comes to offering inappropriate or obscene content to underage individuals. The bill calls for a reevaluation of the language surrounding the existing laws, with the goal of enhancing the protection of minors from exposure to harmful materials.

Sentiment

The sentiment around HB2980 appears to be contentious. Proponents argue that the bill is necessary to better safeguard children from inappropriate content and to hold institutions accountable for the materials they disseminate. However, critics raise concerns about potential overreach, suggesting that the bill could discourage libraries and educational institutions from providing valuable resources out of fear of criminal liability. This conflict highlights a broader debate about the balance between safeguarding minors and maintaining access to diverse educational content.

Contention

Notable points of contention include the issues of censorship and the extent to which educational institutions should be held accountable for the content available to minors. Opponents of the bill fear that it might lead to an excessive tightening of materials available to students, potentially infringing on the rights of educational institutions to operate freely. There is also the argument that the bill could disproportionately affect access to literature and art that, while deemed 'obscene' by some standards, serves educational or cultural purposes. As such, discussions around HB2980 are characterized by passionate advocacy for both child protection and the preservation of educational liberties.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4654

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 SB539

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

WV HB2923

To modify exemptions from criminal liability to include a distinction for biological lessons regarding reproduction.

WV HB4011

To modify exemptions from criminal liability to include a distinction for biological lessons regarding reproduction.

WV HB5191

Relating to permitting obscenity in schools

WV SB27

Clarifying felony of exhibiting obscene matter to minor

WV SB855

Clarifying felony of exhibiting obscene matter to minor

WV HB3176

Prohibit drag shows from being performed in front of minors and to prohibit people from dressing in drag when reading aloud during story time in schools.

WV HB4421

Prohibit drag shows from being performed in front of minors and to prohibit people from dressing in drag when reading aloud during story time in schools.

Similar Bills

No similar bills found.