West Virginia House passes bill allowing prosecution of librarians

CHARLESTON — 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.