Terms Used In West Virginia Code 61-8A-5

  • Adult: means a person eighteen years of age or older. See West Virginia Code 61-8A-1
  • Matter: means any visual, audio, or physical item, article, production transmission, publication, exhibition, or live performance, or reproduction thereof, including any two- or three- dimensional visual or written material, film, picture, drawing, video, graphic, or computer generated or reproduced image. See West Virginia Code 61-8A-1
  • Minor: means an unemancipated person under eighteen years of age. See West Virginia Code 61-8A-1
  • Obscene matter: means matter that:

     . See West Virginia Code 61-8A-1

  • Person: means any adult, partnership, firm, association, corporation or other legal entity. See West Virginia Code 61-8A-1
  • Sexually explicit conduct: means an ultimate sexual act, normal or perverted, actual or simulated, including sexual intercourse, sodomy, oral copulation, sexual bestiality, sexual sadism and masochism, masturbation, excretory functions and lewd exhibition of the genitals. See West Virginia Code 61-8A-1
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

Any adult who, with knowledge that a person is a minor or who fails to exercise reasonable care in ascertaining the age of a minor, hires, employs or uses such minor to produce obscene matter or to do or assist in doing any sexually explicit conduct, is guilty of a felony and, upon conviction thereof, shall be fined not more than fifty thousand dollars or confined in a state correctional facility for not more than ten years, or both.