(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE. To transfer possession of, whether with or without consideration.
EMPLOYEE. Any individual who renders personal services in the course of a business, who receives compensation therefor at a fixed rate and who has no financial interest in the ownership or operation of the business other than his or her salary or wages.
EXHIBIT. To display or offer for viewing, whether with or without consideration.
KNOWINGLY. To display or offer for viewing, whether with or without consideration.
MATTER. Any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or any statue or other figure, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials.
MINOR. Any individual under the age of 18 years.
OBSCENE MATTER. To the average individual, applying contemporary state standards, matter which:
(a) Considered as a whole, appeals to the prurient interests;
(b) Depicts or describes in a patently offensive manner ultimate sexual acts, both normal and perverted, actual or simulated, masturbation, sodomy, fellatio, cunnilingus, bestiality, sadism, excretory functions or lewd exhibition of the genitals; and
(c) Considered as a whole, lacks serious literary, artistic, political or scientific value.
PERSON. Any individual, partnership, firm, association, corporation or other legal entity.
PREPARE. To produce, publish or print.
PUBLIC DISPLAY. The placing of material on or in a billboard, viewing screen, theater, marquee, newsstand, display rack, window showcase, display case or similar public place, so that the material within the meaning of “obscene matter” is easily visible from a public thoroughfare, from the property of others or from commercial or business premises generally open to minors at the time of such placing.
(B) No person shall knowingly send or cause to be sent or bring or cause to be brought into this municipality any obscene matter for distribution, exhibition or public display to a minor, or in this municipality prepare for, distribute to, exhibit to or publicly display to a minor any obscene matter, or offer to prepare for, distribute to, exhibit to or publicly display to a minor any obscene matter, or have in his or her possession with the intent to distribute, exhibit or make a public display of, any obscene matter to a minor.
(C) No employees shall be guilty of a violation of this section when such employee is a projectionist, ticket taker, usher or when such employee distributes, prepares or exhibits obscene matter while acting within the scope of his or her employment.
(D) Any person who distributes or exhibits obscene matter, or possesses obscene matter with the intent to distribute or exhibit the same in the course of his or her business, is presumed to do so with knowledge of its content or character.
(E) No person shall be guilty of distributing or exhibiting obscene matter to a minor when such person has reasonable cause to believe that the minor involved was 18 years of age or more and such minor exhibited to such person a driver’s license, draft card or other official or apparently official document purporting to establish that such minor was 18 years of age or more.
(F) No person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of such facts that he or she should reasonably know that such person is a minor under 18 years of age, shall hire, employ or use such minor to do or assist in doing any of the acts described in the definition of “obscene matter” above.
(W. Va. Code Art. 61-8A) (Prior Code, § 517.09) Penalty, see § 131.99