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WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced
Senate Bill 253
By Senators Azinger and Karnes
[Introduced January 17, 2023; referred
to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8A-2a, relating to making it a criminal offense for a person to engage in a an adult cabaret performance where it may be viewed by a minor.
Be it enacted by the Legislature of West Virginia:
It is a criminal offense for a person to engage in an adult cabaret performance:
On public property; or
In a location where the adult cabaret performance could be viewed by a person who is a minor.
Notwithstanding any other provision of West Virginia law, this section expressly preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to the effective date of this code section.
"Adult cabaret performance" means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to the prurient interest, or similar entertainers, regardless of whether or not performed for consideration.
A first offense for a violation of this section is a misdemeanor, and a second or subsequent such offense is a felony.
A person convicted of a felony under this section shall be fined not more than $25,000 or confined in a state correctional facility for not more than five years, or both.
NOTE: The purpose of this bill is to make it a criminal offense for a person to engage in an adult cabaret performance where it may be viewed by a minor
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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