(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires another meaning.
ADULT. A person 18 years of age or older.
COMPUTER. An electronic, magnetic, optical, electrochemical or other high-speed data processing device performing logical, arithmetic or storage functions and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. As used in this section, COMPUTER includes file servers, mainframe systems, desktop personal computers, laptop personal computers, tablet personal computers, cellular telephones, game consoles and any electronic data storage device or equipment. The term COMPUTER includes any connected or directly related device, equipment or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of computer operations to or from a person, another computer or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator or other similar device.
COMPUTER NETWORK. The interconnection of hardware or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
DISPLAY. To show, exhibit or expose matter, in a manner visible to general or invited public, including minors. As used in this article, display shall include the placing or exhibiting of matter on or in a billboard, viewing screen, theater, marquee, newsstand, display rack, window, showcase, display case or similar public place.
DISTRIBUTE. To transfer possession, transport, transmit, sell or rent, whether with or without consideration.
EMPLOYEE. Any individual who renders personal services in the course of a business, who receives compensation and who has no financial interest in the ownership or operation of the business other than his or her salary or wages.
INTERNET. The international computer network of both federal and nonfederal interoperable packet switched data networks.
KNOWLEDGE OF THE CHARACTER OF THE MATTER. Having awareness of or notice of the overall sexual content and character of matter as depicting, representing or describing obscene matter.
MATTER. Any visual, audio, or physical item, article, production transmission, publication, exhibition, or live performance, or reproduction thereof, including any two- or three-dimensional visual or written material, film, picture, drawing, video, graphic, or computer generated or reproduced image; or any book, magazine, newspaper or other visual or written material; or any motion picture or other pictorial representation; or any statue or other figure; or any recording, transcription, or mechanical, chemical, or electrical reproduction; or any other articles, video laser disc, computer hardware and software, or computer generated images or message recording, transcription, or object, or any public or commercial live exhibition performed for consideration or before an audience of one or more.
MINOR. An unemancipated person under 18 years of age.
OBSCENE MATTER. Matter that:
(1) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest;
(2) An average person, applying community standards, would find depicts or describes, in a patently offensive way, sexually explicit conduct; and
(3) A reasonable person would find, taken as a whole, lacks serious literary, artistic, political or scientific value.
PARENT. Includes a biological or adoptive parent, legal guardian or legal custodian.
PERSON. Any adult, partnership, firm, association, corporation or other legal entity.
SEXUALLY EXPLICIT CONDUCT. An ultimate sexual act, normal or perverted, actual or simulated, including sexual intercourse, sodomy, oral copulation, sexual bestiality, sexual sadism and masochism, masturbation, excretory functions and lewd exhibition of the genitals.
(W.Va. Code § 61-8A-1)
(B) Distribution and display to minor of obscene matter; penalties; defenses.
(1) 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.
(2) It is a defense to a prosecution under the provisions of this section that the obscene matter:
(a) 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;
(b) 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;
(c) Was enclosed in an opaque wrapper such that the lower two-thirds of the cover of the material was not exposed to view;
(d) 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; or
(e) 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.
(W.Va. Code § 61-8A-2)