H. B. 4475
(By Delegates Crosier, Webster, Morgan, Hartman,
Stemple, Iaquinta, Michael, Moye, Eldridge and Pino)
[Introduced February 8, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-8C-2 of the Code of West Virginia,
1931, as amended, relating to the photographing or filming of
minors in the production of obscene matter.
Be it enacted by the Legislature of West Virginia:
That §61-8C-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.
§61-8C-2. Use of minors in filming sexually explicit conduct or
production of obscene matter prohibited; penalty.
(a) Any person who causes or knowingly permits, uses,
persuades, induces, entices or coerces such minor to engage in or
uses such minor to do or assist in any sexually explicit conduct
or
in the production of obscene matter as defined by subsection (j),
section one, article eight-a, chapter sixty-one of this code shall
be guilty of a felony when such person has knowledge that any such
act is being photographed or filmed. Upon conviction thereof, such
person shall be fined not more than ten thousand dollars, or
imprisoned in
the penitentiary a correctional facility not more than ten years, or both fined and imprisoned.
(b) Any person who photographs or films such minor engaging in
any sexually explicit conduct
or in the production of obscene
matter as defined by subsection (j), section one, article eight-a,
chapter sixty-one of this code shall be guilty of a felony and,
upon conviction thereof, shall be fined not more than ten thousand
dollars, or imprisoned in
the penitentiary a correctional facility
not more than ten years, or both fined and imprisoned.
(c) Any parent, legal guardian or person having custody and
control of a minor, who photographs or films such minor in any
sexually explicit conduct
or in the production of obscene matter as
defined by subsection (j), section one, article eight-a, chapter
sixty-one of this code or causes or knowingly permits, uses,
persuades, induces, entices or coerces such minor child to engage
in or assist in any sexually explicit act
or in the production of
obscene matter as defined by subsection (j), section one, article
eight-a, chapter sixty-one of this code shall be guilty of a felony
when such person has knowledge that any such act may be
photographed or filmed. Upon conviction thereof, such person shall
be fined not more than ten thousand dollars, or imprisoned in
the
penitentiary a correctional facility not more than ten years, or
both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit the filming or
photographing of minors in the production of obscene matter and to
make the penalty therefor equal to that for filming or
photographing minors engaged in sexually explicit conduct.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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