West Virginia Legislature considers bill to prohibit obscene matter in or near public schools

WTAP News @ 6 - SB 252
Published: Jan. 29, 2023 at 6:21 PM EST

PARKERSBURG, W.Va. (WTAP) - The West Virginia State Legislature is considering legislation to prohibit obscene materials in or near public schools in the state.

Senate Bill 252, sponsored by Wood County Senator Mike Azinger, seeks to prohibit obscene matter within 2,500 feet of any public school library, classroom, or building. The language of the bill does not describe any exceptions to this prohibition for businesses, public libraries or other structures that fall within 2,500 feet of public schools. Consequently, it’s possible the bill, if passed, could affect the materials available in Wood County libraries, as each library in the county is within 2,500 feet of a public school.

The bill would also allow for the prosecution of teachers or other school employees who suspect minors have been exposed to “obscene matter” and fail to make a timely report as such.

On top of expanding the degree to which “obscene matter” is prohibited in West Virginia’s public schools, SB 252 also expands the definition of obscenity. Lines 65-66 of the bill read, “. . . prohibited displays shall include, but not be limited to, any transvestite and/or transgender exposure, performances or display to any minor.”

SB 252 was moved straight to the Senate Judiciary Committee after its introduction.