61-8A-1 Definitions
61-8A-2 Distribution and display to minor of obscene matter; penalties; defenses
61-8A-3 Exemptions from criminal liability
61-8A-4 Use of obscene matter with intent to seduce minor
61-8A-5 Employment or use of minor to produce obscene matter or assist in doing sexually explicit conduct; penalties

Terms Used In West Virginia Code > Chapter 61 > Article 8A

  • Adult: means a person eighteen years of age or older. See West Virginia Code 61-8A-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • computer: includes any connected or directly related device, equipment or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of computer operations to or from a person, another computer or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator or other similar device. See West Virginia Code 61-8A-1
  • Computer network: means the interconnection of hardware or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers. See West Virginia Code 61-8A-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Display: means to show, exhibit or expose matter, in a manner visible to general or invited public, including minors. See West Virginia Code 61-8A-1
  • Distribute: means to transfer possession, transport, transmit, sell or rent, whether with or without consideration. See West Virginia Code 61-8A-1
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks. See West Virginia Code 61-8A-1
  • Knowledge of the character of the matter: means having awareness of or notice of the overall sexual content and character of matter as depicting, representing or describing obscene matter. 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:

    (1) An average person, applying contemporary adult community standards, would find, taken as a whole, appeals to the prurient interest, is intended to appeal to the prurient interest, or is pandered to a prurient interest. See West Virginia Code 61-8A-1

  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • Parent: includes a biological or adoptive parent, legal guardian or legal custodian. See West Virginia Code 61-8A-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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