West Virginia 2025 Regular Session

West Virginia Senate Bill SB539

Introduced
2/19/25  

Caption

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

Impact

If enacted, SB539 could significantly alter the operational framework of educational and public institutions across West Virginia. Schools, libraries, and museums would be required to implement stricter oversight and control measures regarding the materials they provide or display, particularly in environments frequented by minors. This could lead to heightened scrutiny of educational content, potential alterations in library collections, and a reevaluation of programming in museums, ultimately aiming to limit minors' exposure to materials deemed obscene under the amended law.

Summary

Senate Bill 539 aims to amend existing West Virginia law by removing the exemptions that currently protect bona fide schools, public libraries, and museums from criminal liability concerning the distribution and display of obscene matter to minors. The bill proposes that these entities should no longer be shielded from prosecution for potentially exposing minors to such materials, thereby increasing the accountability of these institutions in monitoring the content they present to the public, especially to younger audiences.

Sentiment

The sentiment surrounding SB539 appears to be mixed, as discussions elicit strong opinions from various stakeholders. Proponents of the bill assert that it is a necessary step for protecting children from inappropriate content and enhancing community standards regarding minors’ access to materials classified as obscene. Conversely, critics are concerned that this measure may impede open access to informative and educational resources, arguing that public institutions should not be constrained in the type of knowledge they provide to young learners.

Contention

Key points of contention among legislators and community members focus on the balance between protecting minors and ensuring educational freedom. Some opponents argue that the bill may set a precedent for increased censorship within schools and libraries, potentially restricting access to literature that is valuable for educational discourse. The debates highlight the tension between safeguarding youth and preserving the autonomy of educational institutions to curate diverse collections and programming without fear of legal repercussions.

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 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 HB4011

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

WV SB855

Clarifying felony of exhibiting obscene matter to minor

WV HB5191

Relating to permitting obscenity 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.

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 SB278

Protecting minors from exposure to indecent displays of sexually explicit nature

WV SB195

Protecting minors from exposure to indecent displays of sexually explicit nature

Similar Bills

No similar bills found.