CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 8E. DISPLAY OF VIDEO RATINGS OR LACK THEREOF.
§61-8E-1. Legislative purpose.
The Legislature finds that the motion picture industry has had
an effective voluntary film rating system for many years. It
further finds that with the advent of movie video cassette sales
and rentals that the variety and number of movie video cassettes
available to the consumer for home use has significantly increased.
This growth in the marketplace has resulted in some film makers and
distributors choosing not to be subject to the voluntary rating
system, putting the consumer in the position of being without the
guidance of such rating system in making rental or purchase
decisions. The Legislature believes that the public has a right to
be informed about movie video cassette ratings or the lack thereof
in making rental or purchase decisions.
In this article, unless a different meaning is plainly
(1) "Business entity" means any sole proprietorship,
partnership or corporation;
(2) "Official rating" means an official rating of the Motion
Picture Association of America and the Film Advisory Board, Inc.;
(3) "Video movie" means a video tape or video disc copy of a
motion picture film.
§61-8E-3. Labeling of video movies designated for sale or rental;
(a) No business entity in this state shall sell, offer for
sale, rent or offer for rent, any video movie which does not have
visibly and legibly displayed on the cassette case or jacket, an
official rating or, if the motion picture film has obtained no such
rating, the designation "NOT RATED" or "N.R.".
(b) Any business entity which knowingly violates the
provisions of subsection (a) of this section shall be guilty of a
misdemeanor and for a first offense conviction shall be fined not
more than twenty-five dollars. A conviction for a second or
subsequent offense shall subject the offender to a fine not to
exceed one hundred dollars.
Note: WV Code updated with legislation passed through the 2012 1st Special Session