West Virginia 2024 Regular Session

West Virginia House Bill HB5191

Introduced
1/25/24  

Caption

Relating to permitting obscenity in schools

Impact

If enacted, HB 5191 will modify existing legal definitions and provisions surrounding the distribution of obscene material, specifically narrowing the exemptions that previously allowed public libraries and museums to expose minors to such content under certain conditions. The bill establishes stricter accountability for institutions responsible for maintaining access to library resources, potentially reshaping local policies regarding education and resource access for minors.

Summary

House Bill 5191 introduces amendments to sections §61-8A-1, §61-8A-2, and §61-8A-3 of the Code of West Virginia, focusing on the distribution and display of obscene matter to minors. The bill emphasizes that public libraries and museums must block access to obscene content for minors in elementary and middle schools, specifically when they are provided electronic devices through their school or library. This legislative change aims to mitigate minors' exposure to inappropriate material while using public resources.

Sentiment

The sentiment surrounding the bill reflects a mix of support and opposition. Supporters argue that the measures are necessary for child safety, particularly in library and museum settings, reinforcing the community's commitment to protecting minors from harmful material. Conversely, opponents express concerns that the bill imposes excessive restrictions that could limit educational opportunities and access to valuable cultural resources, effectively stifling open inquiry and expression in educational environments.

Contention

A notable point of contention involves the balance between protecting minors from potential exposure to obscene material and ensuring that educational institutions maintain their role in fostering learning and critical thinking. Critics argue that the bill's requirements might lead to overly restrictive filters that could inadvertently block access to educational resources that provide instructional value or artistic merit. The debate surrounding HB 5191 highlights the ongoing tensions between safeguarding children and preserving educational freedom within community institutions.

Companion Bills

No companion bills found.

Previously Filed As

WV SB252

Prohibiting obscene materials in or within 2,500 feet of WV schools

WV HB3190

Amending the definition of “minor”

WV SB278

Protecting minors from exposure to indecent displays of sexually explicit nature

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 HB2527

Relating to revising the criminal code generally

WV HB2980

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 HB2923

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

WV HB3339

Protection of minors from harmful material on internet

WV SB253

Criminalizing engaging in adult cabaret performance where it may be viewed by minor

WV HB3041

Permitting civil remedies for the unauthorized disclosure of intimate images

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