sb678 intr

Senate Bill No. 678
(By Senator Hunter)
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[Introduced March 26, 2001; referred to the Committee on the Judiciary.]

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A BILL to amend article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to authorizing counties to adopt ordinances prohibiting nude and exotic dancing.

Be it enacted by the Legislature of West Virginia:

That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four-a, to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-4a. County commission authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to exotic dancing; and establishing penalties for violations.

(a) In addition to all other powers which county commissions now possess by law, county commissions may adopt the ordinance provided in subsection (b) of this section.

A county commission when adopting this ordinance may delete therefrom such portions that it considers appropriate.

(b) The ordinance which county commissions may adopt pursuant to the power granted them under subsection (a) of this section shall be:

(1) Any person who knowingly or intentionally, in a public place:

(A) Engages in sexual intercourse;

(B) Engages in sexual intrusion;

(D) Fondles the genitals of himself, herself or another person, is guilty of indecent exposure.

(2) For purposes of this section:

(A) "Nudity" means the showing of the human male or female genital, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple;

(B) "Public place" includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission fee is charged;

(C) "Sexual intercourse" means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person; and

(D) "Sexual Intrusion" means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in the county or regional jail facility not more than ninety days, or fined not more than two hundred fifty dollars and confined in the county or regional jail not more than ninety days.

(4) The prohibition set forth in this ordinance does not apply to:

(A) Persons exposing a breast during the breastfeeding of an infant child; or

(B) Persons engaged in traditional family-oriented naturist activities as family nudist parks, clubs or resorts chartered by the American association for nude recreation or the naturist society.

NOTE: The purpose of this bill is to authorize counties to ban nude dancing.

This section[TYPE INFORMATION] is new; therefore, strike-throughs and underscoring have been omitted.