West Virginia 2023 Regular Session

West Virginia Senate Bill SB253

Introduced
1/17/23  

Caption

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

Impact

If enacted, SB253 will amend existing state laws by introducing a specific provision that penalizes individuals who engage in adult cabaret performances visible to minors. A first-time offender would be charged with a misdemeanor, while repeated offenses would escalate to felony charges, with significant penalties, including fines up to $25,000 and terms of confinement. The bill also clearly states that it preempts any local ordinances or regulations established before its enactment, thereby establishing a uniform state approach to regulating adult entertainment and its access by minors.

Summary

Senate Bill 253 aims to establish a new criminal offense for engaging in adult cabaret performances in locations where they may be viewed by minors. This legislation reflects an attempt to tighten restrictions on performances deemed inappropriate for children by criminalizing such acts if they occur on public property or in any viewable location. The definition of 'adult cabaret performance' includes various entertainment acts, such as topless dancing and exotic displays, which are characterized by their appeal to prurient interests.

Sentiment

The sentiment surrounding SB253 appears to be driven by concerns for child protection and community standards. Advocates for the bill argue that it is necessary to create safer environments for minors and prevent exposure to adult content. Conversely, opponents might raise concerns related to overreach and censorship, arguing that such measures could disproportionately impact local businesses and artistry. Discussions among legislators and community members suggest a divide between prioritizing child safety and maintaining freedom of expression.

Contention

Notable points of contention include the definitions and boundaries of what constitutes an 'adult cabaret performance,' as well as the broader implications of criminalizing such performances. Critics may argue that the law risks infringing on artistic expression and could lead to excessive regulation that impacts performers and venues unfairly. Additionally, the preemption of local laws raises concerns about diminishing local governance ability to address community-specific issues regarding adult entertainment.

Companion Bills

No companion bills found.

Previously Filed As

WV SB237

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

WV SB764

Establishes provisions relating to adult cabaret performances, including the offense of engaging in an adult cabaret performance

WV SB276

Making adult cabaret performance criminal offense in certain circumstances

WV SB693

Creates the offense of engaging in an adult cabaret performance

WV SB295

Establishes provisions relating to adult cabaret including civil liability for adult cabarets and the offense of engaging in an adult cabaret performance

WV SB949

Creates the offense of engaging in an adult cabaret performance

WV SB1028

Adult cabaret performances; prohibited locations

WV HB245

Prohibits certain adult cabaret performances

WV HB2186

Crimes and punishments; adult cabaret and drag performance; making certain acts unlawful; codification; emergency.

WV HB2186

Crimes and punishments; adult cabaret and drag performance; making certain acts unlawful; codification; emergency.

Similar Bills

No similar bills found.