Senate Bill No. 678
(By Senator Hunter)
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[Introduced March 26, 2001; referred to the Committee on the
Judiciary.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four-a,
relating to authorizing counties to adopt ordinances
prohibiting nude and exotic dancing.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section four-a, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-4a. County commission authority to enact ordinance;
ordinance provisions defining terms; restricting certain activities in relation to exotic dancing;
and establishing penalties for violations.
(a) In addition to all other powers which county commissions
now possess by law, county commissions may adopt the ordinance
provided in subsection (b) of this section.
A county commission when adopting this ordinance may delete
therefrom such portions that it considers appropriate.
(b) The ordinance which county commissions may adopt pursuant
to the power granted them under subsection (a) of this section
shall be:
(1) Any person who knowingly or intentionally, in a public
place:
(A) Engages in sexual intercourse;
(B) Engages in sexual intrusion;
(C) Appears in a state of nudity; or
(D) Fondles the genitals of himself, herself or another
person, is guilty of indecent exposure.
(2) For purposes of this section:
(A) "Nudity" means the showing of the human male or female
genital, pubic hair or buttocks with less than a fully opaque
covering; the showing of the female breast with less than a fully
opaque covering of any part of the nipple;
(B) "Public place" includes all outdoor places owned by or
open to the general public, and all buildings and enclosed places
owned by or open to the general public, including such places of
entertainment, taverns, restaurants, clubs, theaters, dance halls,
banquet halls, party rooms or halls limited to specific members,
restricted to adults or to patrons invited to attend, whether or
not an admission fee is charged;
(C) "Sexual intercourse" means any act between persons
involving penetration, however slight, of the female sex organ by
the male sex organ or involving contact between the sex organs of
one person and the mouth or anus of another person; and
(D) "Sexual Intrusion" means any act between persons involving
penetration, however slight, of the female sex organ or of the anus
of any person by an object for the purpose of degrading or
humiliating the person so penetrated or for gratifying the sexual
desire of either party.
(3) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in the county or regional jail facility not more than
ninety days, or fined not more than two hundred fifty dollars and
confined in the county or regional jail not more than ninety days.
(4) The prohibition set forth in this ordinance does not apply
to:
(A) Persons exposing a breast during the breastfeeding of an
infant child; or
(B) Persons engaged in traditional family-oriented naturist
activities as family nudist parks, clubs or resorts chartered by
the American association for nude recreation or the naturist
society.
NOTE: The purpose of this bill is to authorize counties to
ban nude dancing.
This section[TYPE INFORMATION] is new; therefore, strike-throughs and
underscoring have been omitted.
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