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WV HB2363
Bill
Status
2/25/2025
Primary Sponsor
David Kelly
Click for details
AI Summary
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Exempts law enforcement personnel, prosecuting attorneys, judges, magistrates, and jurors from child pornography criminal prohibitions when acting in their official duties
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Extends exemptions to defense attorneys representing persons charged with child pornography violations under state or federal law while performing their duties
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Includes support personnel for law enforcement, prosecutors, defense attorneys, and judges when performing professional, employment, and fact-finding duties
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Requests the West Virginia Supreme Court of Appeals to establish rules and protocols for handling materials depicting minors in sexually explicit conduct, balancing victim privacy and defendant due process rights
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Current penalties remain unchanged: up to 2 years for 50 or fewer images, 2-10 years for 51-599 images, and 5-15 years for 600+ images or depictions involving violence or bestiality
Legislative Description
Clarifying the groups of persons to whom the criminal prohibitions related to child pornography are inapplicable when such persons are performing their official or employment duties
Crime
Last Action
To Judiciary
2/26/2025