Senate 590

WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 590

By Senators Azinger and Rose

[Reported March 2, 2026, from the Committee on the Judiciary]

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.

Be it enacted by the Legislature of West Virginia:

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 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 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 (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,500, or confined in jail not less than 30 days nor more than six months, or both fined and confined.

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