It took a provision that telecommunications operators would not be liable for unintended porn transmissions to minors for state lawmakers to pass a new anti-porn bill. The bill would make it a felony to show "obscene" materials to unmarried people 18 and under.
The final version of the bill says those charged under it "must intend to distribute adult material," says Multichannel News, adding that it "must be for the purpose of seduction." It defines obscenity as materials today's adult community standards would say has prurient appeal. Penalties include $25,000 fines, two years behind bars, or both, the magazine says.
West Virginia Gov. Cecil Underwood has pushed for anti-porn legislation, though the bill just passed by the lawmakers almost collapsed earlier in March because both the upper and lower houses were considering such divergent versions of the bill.
But some, like the American Civil Liberties Union, still believe that, even in the final version, an 18-year-old could still be prosecuted for nothing more than handing a 17-year-old a copy of Playboy, Multichannel News says. The ACLU is mulling over whether to challenge the law if Underwood signs it.
