{"data":{"id":"us-wv/w.-va.-code-61-8a-2","jurisdiction":"us-wv","citation":"W. Va. Code § 61-8A-2","heading":"Distribution and display to minor of obscene matter; penalties; defenses.","body":"(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.\n(b) It is a defense to a prosecution under the provisions of this section that the obscene matter:\n(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\n(2) Was covered by a device, commonly known as a “blinder rack,” such that the lower two thirds of the cover of the material is not exposed to view; or\n(3) Was enclosed in an opaque wrapper such that the lower two thirds of the cover of the material was not exposed to view; or\n(4) Was displayed or distributed after taking reasonable steps to receive, obtain or check an adult identification card, such as a driver's license or other technically or reasonably feasible means of verification of age.\n(c) It is a defense to an alleged violation under this section that a parent had taken reasonable steps to limit the minor's access to the obscene matter.","path":["CHAPTER 61. CRIMES AND THEIR PUNISHMENT.","ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS."],"source_url":"https://code.wvlegislature.gov/61-8A-2/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:31:28Z","sha256":"5f4f6514307aaa4cac83ac823d3483d7cc9d7331f615ba9a272b46575d5784a4","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-61-8a-1","next":"us-wv/w.-va.-code-61-8a-3"},"notice":"GroundRules: Original legal text. Not legal advice."}