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WV HB2363

Bill

Status

Engrossed

2/25/2025

Primary Sponsor

David Kelly

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Exempts law enforcement personnel, prosecuting attorneys, judges, magistrates, and jurors from child pornography criminal prohibitions when acting in their official duties

  • Extends exemptions to defense attorneys representing persons charged with child pornography violations under state or federal law while performing their duties

  • Includes support personnel for law enforcement, prosecutors, defense attorneys, and judges when performing professional, employment, and fact-finding duties

  • 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

  • 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

Committee Referrals

Judiciary2/26/2025
Judiciary2/20/2025
Courts2/18/2025
Judiciary2/13/2025

Full Bill Text

No bill text available