Bill Text: WV SB237 | 2024 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-11 - To Judiciary [SB237 Detail]

Download: West_Virginia-2024-SB237-Introduced.html

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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.