SB 590 — Relating to exhibition of obscene material

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 590 ByBYS SenatorENATORAZINGER AzingerAROSE [Introduced[Reported JanuaryMarch 23,2, 2026;2026, from the Committee on the Judiciary] CS for SB 590 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;

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andproviding making it a criminal offense for apreemption personof tolocal engagelaw; in an adult cabaret performance where it may be viewed by a minor.

defining terms;

and establishing penalties.

PREPARATION, DISTRIBUTIONDISTRIBUTION, OR EXHIBITION OF OBSCENE MATERIAL TO MINORS.

(a) It is a criminal offense for a person to engage in an adult cabaret performance:

(1) On public property;

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 Westcode Virginiato law,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.

"Adult(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 firstperson offensewho forknowingly aand violationintentionally violates subsection (a) of this section is guilty of a misdemeanor,misdemeanor andand, aupon secondconviction thereof, shall be fined not more than $2,500, or subsequentconfined suchin offensejail isnot aless felony.than 30 days nor more than six months, or both fined and confined.

(e) A person who is convicted of a felonysecond offense under subsection (a) of this sectionsection, shall be guilty of a felony and, upon conviction, shall be fined not more than $25,000 or imprisoned CS for SB 590 in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

NOTE:

The purpose of this bill is to make it a criminal offense for a person to engage in an adult cabaret performance where it may be viewed by a minor Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.