West Virginia Code
The Legislature finds that the motion picture industry has had an effective voluntary film rating system for many years. It further finds that with the advent of movie video cassette sales and rentals that the variety and number of movie video cassettes available to the consumer for home use has significantly increased. This growth in the marketplace has resulted in some film makers and distributors choosing not to be subject to the voluntary rating system, putting the consumer in the position of being without the guidance of such rating system in making rental or purchase decisions. The Legislature believes that the public has a right to be informed about movie video cassette ratings or the lack thereof in making rental or purchase decisions.
In this article, unless a different meaning is plainly required:
(1) “Business entity” means any sole proprietorship, partnership or corporation;
(2) “Official rating” means an official rating of the Motion Picture Association of America and the Film Advisory Board, Inc.; and
(3) “Video movie” means a video tape or video disc copy of a motion picture film.
(a) No business entity in this state shall sell, offer for sale, rent or offer for rent, any video movie which does not have visibly and legibly displayed on the cassette case or jacket, an official rating or, if the motion picture film has obtained no such rating, the designation “NOT RATED” or “N.R.”.
(b) Any business entity which knowingly violates the provisions of subsection (a) of this section shall be guilty of a misdemeanor and, for a first offense conviction shall be fined not more than $25. A conviction for a second or subsequent offense shall subject the offender to a fine not to exceed $100.