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Home » US Law » 2022 West Virginia Code » Chapter 61. Crimes and Their Punishment » Article 8A. Preparation, Distribution or Exhibition of Obscene Matter to Minors » §61-8A-2. Distribution and Display to Minor of Obscene Matter; Penalties; Defenses

(a) Any adult, with knowledge of the character of the matter, who knowingly and intentionally distributes, offers to distribute, or displays to a minor any obscene matter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or confined in a state correctional facility for not more than five years, or both.

(b) It is a defense to a prosecution under the provisions of this section that the obscene matter:

(1) Was displayed in an area from which minors are physically excluded and the matter so located cannot be viewed by a minor from nonrestricted areas; or