By Steven Allen Adams, The Parkersburg News and Sentinel
CHARLESTON, W.Va. — The West Virginia House of Delegates debated the merits of removing protections for public librarians and school librarians from criminal prosecution in the off chance a minor encounters books and content some consider to be obscene.
The House passed House Bill 4654 – removing bona fide schools, public libraries, and museums from the list of exemptions from criminal liability relating to distribution and display to a minor of obscene matter – in a 85-12 vote Friday, sending the bill to the state Senate.
HB 4654 would lift criminal liability exemptions from schools in the presentation of local or state-approved curriculum, and public libraries and museums displaying obscene matter to a minor when the child is not accompanied by a parent/guardian.
State Code defines obscene matter as anything an average person believes depicts or describes sexually explicit conduct, nudity, sex or certain bodily functions; or anything a reasonable person would find lacks serious literary, artistic, political or scientific value. According to State Code 61-8A-2, any adult who knowingly and intentionally displays obscene matter to a minor could be charged with a felony, fined up to $25,000 and face up to five years in prison if convicted.
The bill has been the focus of a contentious public hearing and a lengthy meeting of the House Judiciary Committee, where supporters of the bill and a representative of the library community were grilled by committee members during testimony.
Supporters of the bill said it does not ban books or stop the selling or distribution of books some consider to be controversial or obscene. It merely provides the same prohibition against knowingly providing obscene materials to children outside the supervision of parents and guardians that already exist.
