517.08 INVASION OF PRIVACY BY LOOKING.

   No person shall unlawfully enter upon the property of another or secretly or furtively peep through or attempt to peep into, through, or spy through a window, door or other aperture of any building, structure or other enclosure of any nature occupied by or intended for occupancy as a dwelling or dormitory, whether or not such building, structure or enclosure be permanently situated or transportable and whether or not such occupancy be permanent or temporary.

517.09 PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.

     (EDITOR’S NOTE: Former Section 517.09 has been deleted from the Codified Ordinances since all violations of West Virginia Code 61-8A from which Section 517.09 was derived are now felonies and should be prosecuted under appropriate State law.)

517.10 SALE OR DISPLAY OF OBSCENE MATTER.

   (a)   Definitions.  For the purposes of this section:

      (1)   "Knowingly" means to have knowledge of or to be aware of the content or character of obscene matter.

      (2)   "Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials.

      (3)   "Individual" means any human being regardless of age.

      (4)   "Obscene" means matter which the average individual applying contemporary community standards would find

          A.   Taken as a whole, appeals to the prurient interest;

          B.   Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated; and

         C.   The matter, taken as a whole, lacks serious literary, artistic, political or scientific value, and which either:

            1.   Depicts or describes patently offensive representation of masturbation, excretory functions, lewd exhibition of the genitals, sodomy, fellatio, cunnilingus, bestiality, sadism, masochism; or

            2.   Depicts or describes nudity or sexual acts of persons, male or female, below the age of eighteen years.

      (5)   "Person" means any individual, partnership, firm, association, corporation or other legal entity.

      (6)   "Prepare" means to produce, publish or print.

      (7)   "Public display" means the placing of material on or in a billboard, viewing screen, theater, marquee, newsstand, display sack, window, showcase, display case or similar public places so that material can be purchased or viewed by individuals.

   (b)   Individual Relief.  The circuit court shall have jurisdiction to issue an injunction to enforce the purposes of this section upon petition by the attorney for the Municipality or a representative thereof or any citizen of the Municipality who can show a good faith and valid reason for making such application.  No bond shall be required unless for good cause shown.

   (c)    Activities Prohibited.  No person shall knowingly send or cause to be sent or cause to be brought into the Municipality for sale or public display, or prepare, sell or make a public display, or in the Municipality offer to prepare, sell or make a public display, or have in his possession with the intent to sell or make a public display of any obscene matter to any individual.

   (d)   Employees Not Prosecuted.  No employee shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher, or when such employee prepares, sells or makes a public display of obscene matter while acting within the scope of his regular employment, unless such employee has a proprietary interest in such obscene matter or is a shareholder or officer of a corporation which has a proprietary interest in such obscene matter.

   (e)   Exceptions.  Nothing in this section shall be construed so as to apply to any person exercising a right secured by the Constitution or laws of this State or of these United States. 

(WVaC 8-12-5(b))

517.99 PENALTY.

   (EDITOR'S NOTE:  See Section 501.99 for general Code penalty if no specific penalty is provided.)

   (a)   Whoever violates Section 517.01(a)  shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.

   (b)   Whoever violates Section 517.01(b) shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both, and for a second offense shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.

   (c)   (1)   Except as provided in subsection (c)(2), any person who violates the provisions of Section 517.07 shall be confined in jail not more than thirty days, or fined not more than two hundred fifty dollars ($250.00) or both.

      (2)   Any person who violates the provisions of Section 517.07 by intentionally exposing himself or herself to another person and the exposure was done for the purpose of sexual gratification, shall be fined not more than five hundred dollars ($500.00), or confined in jail not more than thirty days, or both.  For a second offense, the person shall be fined not more than one thousand dollars ($1,000) and confined in jail for thirty days.  For a third or subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate State law.

   (d)   Whoever violates Section 517.10 shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both, for a first offense.  For a second or subsequent offense such person shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.