West Virginia legislation · 2026 Regular Session
West Virginia SB590: Relating to exhibition of obscene material
Status: Passed one chamber, March 4, 2026
What the bill says
To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-8A-2a, relating to exhibition of obscene material; and making it a criminal offense for a person to engage in an adult cabaret performance on public property or where it may be viewed by a minor; providing for preemption of local law; defining terms; and establishing penalties. article 8a. preparation, distribution, or exhibition of obscene material to minors. §61-8A-2a. Prohibiting presence of minors at adult-oriented performances; penalties. (a) It is a criminal offense for a person to engage.
From the engrossed text, March 2, 2026:
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-8A-2a, relating to exhibition of obscene material; and making it a criminal offense for a person to engage in an adult cabaret performance on public property or where it may be viewed by a minor; providing for preemption of local law; defining terms; and establishing penalties. article 8a. preparation, distribution, or exhibition of obscene material to minors. §61-8A-2a. Prohibiting presence of minors at adult-oriented performances; penalties. (a) It is a criminal offense for a person to engage in an adult cabaret or (2) In a location where the adult cabaret performance could be viewed by a person who is a minor. (b) Notwithstanding any other provision of code to the contrary, this section expressly preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to or after the effective date of this code section. (c) As used in this 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 performed for consideration. (d) A person who knowingly and intentionally violates subsection …