Text of WV SB 237 (2024)

WEST VIRGINIA LEGISLATURE 2024 REGULAR SESSION Introduced Senate Bill 237 By Senator Azinger [Introduced January 11, 2024; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8A-2a, relating to making it a criminal offense for a person to engage in an adult cabaret performance where it may be viewed by a minor. Be it enacted by the Legislature of West Virginia: article 8a. preparation, distribution or exhibition of obscene material to minors. §61-8A-2a. Prohibiting presence of minors at adult-oriented performances; penalties. It is a criminal offense for a person to engage in an adult cabaret performance: On public property; or In a location where the adult cabaret performance could be viewed by a person who is a minor. Notwithstanding any other provision of West Virginia law, this section expressly preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to the effective date of this code section. "Adult cabaret performance" means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to the prurient interest, or similar entertainers, regardless of whether performed for consideration. A first offense for a violation of this section is a misdemeanor, and a second or subsequent such offense is a felony. A person convicted of a felony under this section shall be fined not more than $25,000 or confined in a state correctional facility for not more than five years, or both. NOTE: The purpose of this bill is to make it a criminal offense for a person to engage in an adult cabaret performance where it may be viewed by a minor Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.