West Virginia § 61-8C-3a Prohibiting child erotica; penalties

West Virginia Statutes

§ 61-8C-3a — Prohibiting child erotica; penalties

West Virginia § 61-8C-3a

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 8CFILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS

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Bluebook

W. Va. Code § 61-8C-3a (2026).

Text

(a)Any person age 18 or over who knowingly and intentionally produces, possesses, displays or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are:

(1)Unrelated to the sale of a commercially available legal product; and (2) used for purely prurient purposes, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $1,000, or both confined and fined.

(b)As used in this section only:

(1)"Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section; and

(2)"Commercially available" means for sale to the general public.

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(a) Any person age 18 or over who knowingly and intentionally produces, possesses, displays or distributes, in any form, any visual portrayals of minors who are partially clothed, where the visual portrayals are: (1) Unrelated to the sale of a commercially available legal product; and (2) used for purely prurient purposes, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year or fined not more than $1,000, or both confined and fined.

(b) As used in this section only:

(1) "Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual portrayals prohibited by this section; and

(2) "Commercially available" means for sale to the general public.