West Virginia
West Virginia Pornography Laws (2026): Age Verification Rules
Independently fact-checked against primary sources (last audited August 20, 2026). · 9 primary sources cited on this page. How we verify our legal content
West Virginia has no general state statute criminalizing the sale, distribution, or private possession of obscene material between adults. The state's obscenity law, West Virginia Code Chapter 61, Article 8A, targets the distribution or display of obscene matter to minors specifically, not adult-to-adult commerce in pornography. Adult obscenity is instead delegated to local government: W. Va. Code Sections 7-1-4 and 8-12-5b supply a criminal obscenity ordinance drafted by the Legislature that any county commission or municipality may adopt, and where it has been adopted, selling or publicly displaying obscene matter to an adult is a misdemeanor. Separate statutes cover child sexual abuse material, nonconsensual intimate-image disclosure, public indecency, and, since 2026, age verification for websites hosting material harmful to minors.
Is Pornography Legal in West Virginia?
Adult pornography is legal to view and possess privately in West Virginia. No state statute located in West Virginia Code criminalizes an adult's private possession of obscene, non-CSAM material, which is consistent with the U.S. Supreme Court's holding in Stanley v. Georgia, 394 U.S. 557 (1969), that the government cannot make mere private possession of obscene material in the home a crime.
What is unusual about West Virginia is that the state code also contains no general statute reaching adult-to-adult sale or distribution of obscene material. West Virginia Code Chapter 61, Article 8, titled "Crimes Against Chastity, Morality and Decency," lists its sections openly on the Legislature's own code site, and the only obscenity-related entries in that list are Section 61-8-16 (obscene, harassing, or threatening telephone calls) and the cross-reference to Article 8A. Article 8A itself, "Preparation, Distribution or Exhibition of Obscene Matter to Minors," is written entirely around minor recipients; nothing in it, or elsewhere in Article 8, reaches the sale or distribution of obscene material between adults the way most states' Miller-codification obscenity statutes do.
That absence at the state level is a delegation, not an oversight. Two separate statutes, W. Va. Code Section 7-1-4 for county commissions and Section 8-12-5b for municipalities, contain a complete obscenity ordinance drafted by the Legislature that a county or city may adopt as its own. The ordinance's definitions section defines "individual" as "any human being regardless of age," and its Section 2 makes it a misdemeanor for any person to knowingly send or bring obscene matter into the jurisdiction for sale or public display, or to prepare, sell, publicly display, offer to do any of those things, or possess obscene matter with intent to sell or publicly display it, "to any individual." A first offense carries a fine of up to $500 or up to thirty days in jail, or both; a second or subsequent offense carries up to $1,000 or six months, or both. Prosecution may proceed only by indictment or information, and employees such as projectionists, ticket takers, and ushers acting within the scope of their regular employment are exempt unless they hold a proprietary interest in the material.
The practical consequence for a reader is that adult obscenity enforcement in West Virginia is a local question rather than a statewide one. In a county or municipality that has adopted the ordinance, selling or publicly displaying obscene material to an adult is a prosecutable misdemeanor even though no state-code section reaches that conduct; in a locality that has not adopted it, there is no such offense. Anyone operating an adult retail or entertainment business should check whether the county commission or city council where they operate has enacted this ordinance. Nothing on this page is a court ruling that adult obscenity is protected speech in West Virginia specifically.
West Virginia's Age-Verification Law
West Virginia enacted an age-verification requirement for pornographic and other adult websites in 2026. House Bill 4412 passed the House on February 12, 2026, passed the Senate on March 10, 2026, and was approved by the Governor on April 1, 2026. It took effect June 12, 2026, ninety days after final legislative passage.
The law, codified at W. Va. Code Sections 49A-1-101 through 49A-1-106, applies to a website or application where more than one-third of the total material is "harmful to minors." Covered sites must use a reasonable age-verification method before granting access and may not retain a user's identifying information after verification.
Enforcement runs through two tracks. A private individual can sue for $10,000 per violation, plus attorney fees, court costs, and actual damages, under Section 49A-1-104. The Attorney General can separately seek civil penalties of $10,000 for each day a covered site operates in violation, $10,000 for each instance a site unlawfully retains a user's identifying information, and up to an additional $250,000 if a minor actually accessed the material, under Section 49A-1-105.
As of this writing, no lawsuit challenging HB 4412 has been identified, which is consistent with how recently the law took effect. The U.S. Supreme Court upheld a similar Texas age-verification law in Free Speech Coalition, Inc. v. Paxton on June 27, 2025, holding that age-gating for material obscene to minors triggers only intermediate constitutional scrutiny, which gives HB 4412 firmer legal footing than it would have had before that ruling. For West Virginia's age-verification law in more depth, see the West Virginia Age Verification Laws page.
Minors: Child Sexual Abuse Material and Harmful-to-Minors Distribution
West Virginia treats offenses involving minors far more seriously than the absence of a state adult-obscenity offense might suggest, through two separate statutory schemes.
Distribution to a minor. Section 61-8A-2 makes it a felony for an adult who knows the character of the material to knowingly distribute, offer to distribute, or display obscene matter to a minor, punishable by up to $25,000 and five years in a state correctional facility. The statute recognizes several defenses: physically excluding minors from the display area, covering the lower two-thirds of the material with a "blinder rack," opaquely wrapping the lower two-thirds of a cover, taking reasonable steps to check an adult identification card, or a parent having taken reasonable steps to limit the minor's access. Section 61-8A-4 covers the same conduct when it is undertaken to facilitate the sexual seduction or abuse of a minor at least four years younger than the adult. A first offense under Section 61-8A-4 carries the same maximum as Section 61-8A-2, up to $25,000 and five years; only a second or subsequent offense is elevated, to up to $50,000 and ten years.
Child sexual abuse material. Section 61-8C-3 criminalizes knowingly sending, distributing, exhibiting, possessing, or electronically accessing with intent to view a visual portrayal of a minor engaged in sexually explicit conduct, including computer-generated or AI-manipulated depictions. Penalties scale with the volume of material: two to five years imprisonment and up to a $5,000 fine for 50 or fewer images; three to fifteen years and up to $10,000 for more than 50 but fewer than 300 images; and five to twenty years and up to $25,000 for 300 or more images, or for material involving violence or bestiality. A video clip of five minutes or less counts as 100 images for these thresholds, with 100 additional images counted for every two minutes beyond that.
A related provision, Section 61-8C-3b, separately addresses a minor's own self-generated intimate images as an act of juvenile delinquency rather than an adult criminal offense; that distinction is covered in more depth on the West Virginia Sexting Laws page.
Nonconsensual Disclosure of Intimate Images
West Virginia's revenge-porn statute, Section 61-8-28a, makes it a crime to knowingly and intentionally disclose, cause to be disclosed, or threaten to disclose an image of a person's intimate parts, or of them engaged in sexually explicit conduct, that was captured under circumstances carrying a reasonable expectation it would not be disclosed, when done with intent to harass, intimidate, threaten, humiliate, embarrass, or coerce. The statute expressly reaches a "fabricated intimate image," meaning an AI-generated depiction, alongside authentic photos and video.
A first offense is a misdemeanor, punishable by up to one year in jail and a fine of $1,000 to $5,000. A second or subsequent offense is a felony, punishable by up to three years and a fine of $2,500 to $10,000. West Virginia also criminalizes a related but distinct act, secretly recording someone in a place where they have a reasonable expectation of privacy, under Section 61-8-28 (criminal invasion of privacy).
This cluster's dedicated coverage goes further: see the Take It Down Act and Revenge Porn Laws by State page for the federal takedown framework, and West Virginia Deepfake Laws for how the state's fabricated-image language applies specifically to AI-generated content.
Public Indecency
West Virginia's indecent exposure law, Section 61-8-9, makes it a crime to intentionally expose one's own or another person's sex organs or anus, or to engage in an overt act of sexual gratification, knowing the conduct is likely to cause affront or alarm. Breastfeeding is expressly exempt. A base violation is a misdemeanor punishable by up to 90 days and a $250 fine. Exposure undertaken for sexual gratification carries up to 12 months and a $500 fine on a first offense, a mandatory minimum 30 days up to 12 months and a $1,000 fine on a second offense, and becomes a felony, punishable by one to five years and up to $3,000, on a third or subsequent offense.
Adult Business Licensing
West Virginia has no state-level licensing or permitting statute for sexually oriented businesses. A search of the current West Virginia Code, including Chapter 47 (Regulation of Trade) and Chapter 61 (Crimes and Their Punishment), locates no article establishing a state permit, licensing agency, or dedicated regulatory account for this kind of business; the only matches for that kind of Commissioner-of-Labor permitting language trace to introduced-but-never-enacted bills (2002 House Bill 4594, 2009 House Bill 2675, and 2023 House Bill 2919), none of which appear in the current code. The West Virginia Division of Labor's own current licensing programs, listed at labor.wv.gov/licensing, cover contractors, HVAC, plumbers, crane operators, and manufactured housing, with no sexually-oriented-business program among them.
In the absence of a state permitting regime, local government fills the space in two distinct ways. First, individual counties have adopted their own sexually oriented business ordinances under their general zoning authority. Raleigh County's ordinance, for example, bars two sexually oriented businesses from co-locating in a single building and sets distance separations from churches, schools, residential districts, parks, and daycare centers. Second, and separately from zoning, W. Va. Code Section 7-1-4 and Section 8-12-5b let a county commission or municipality adopt the Legislature's model criminal obscenity ordinance described above, which reaches the sale and public display of obscene matter to adults and carries jail exposure rather than a zoning penalty. Requirements vary by locality, so a business or property owner should check both the zoning code and whether the local obscenity ordinance has been adopted before assuming statewide uniformity.
Penalties at a Glance
| Offense | Citation | Penalty |
|---|---|---|
| Distribution or display of obscene matter to a minor | W. Va. Code Section 61-8A-2 | Felony, up to $25,000 and five years |
| Obscene matter distributed with intent to seduce a minor (first offense) | W. Va. Code Section 61-8A-4 | Felony, up to $25,000 and five years |
| Same offense (second or subsequent) | W. Va. Code Section 61-8A-4 | Felony, up to $50,000 and ten years |
| Sale or public display of obscene matter to any individual, where the local ordinance has been adopted (first offense) | W. Va. Code Section 7-1-4 (counties), Section 8-12-5b (municipalities) | Misdemeanor, up to $500 and thirty days |
| Same local-ordinance offense (second or subsequent) | W. Va. Code Section 7-1-4, Section 8-12-5b | Misdemeanor, up to $1,000 and six months |
| CSAM, 50 or fewer images | W. Va. Code Section 61-8C-3 | Two to five years, up to $5,000 |
| CSAM, 51 to 299 images | W. Va. Code Section 61-8C-3 | Three to fifteen years, up to $10,000 |
| CSAM, 300 or more images, or violence/bestiality | W. Va. Code Section 61-8C-3 | Five to twenty years, up to $25,000 |
| Nonconsensual disclosure of intimate image (first offense) | W. Va. Code Section 61-8-28a | Misdemeanor, up to one year, $1,000 to $5,000 |
| Same offense (second or subsequent) | W. Va. Code Section 61-8-28a | Felony, up to three years, $2,500 to $10,000 |
| Indecent exposure (base) | W. Va. Code Section 61-8-9 | Misdemeanor, up to 90 days, $250 |
| Indecent exposure for sexual gratification (third or subsequent) | W. Va. Code Section 61-8-9 | Felony, one to five years, up to $3,000 |
| Age-verification noncompliance (civil, private suit) | W. Va. Code Section 49A-1-104 | $10,000 per violation plus fees and costs |
| Age-verification noncompliance (civil, Attorney General) | W. Va. Code Section 49A-1-105 | Up to $10,000 per day, plus up to $250,000 if a minor accessed the material |
Practical Considerations
The absence of a general adult-obscenity offense in the West Virginia Code is a state-code observation only. It does not displace the local ordinance described above, and it says nothing about federal law. Federal obscenity law, 18 U.S.C. Sections 1460 through 1470, and the federal CSAM statutes still apply to anyone in West Virginia who mails, imports, or moves obscene material or child sexual abuse material across state lines or through the internet, regardless of what West Virginia's own code does or does not reach. Producers of sexually explicit material involving actual performers are separately bound by the federal recordkeeping law, 18 U.S.C. Section 2257, which is a federal obligation, not a West Virginia one.
HB 4412's age-verification requirement is brand new. Because it only took effect in June 2026, there is not yet a track record of how the private-lawsuit and Attorney General enforcement mechanisms will actually be used, and a platform's compliance posture may shift as the first cases develop. Workplace device and network policies, school and library filtering tied to federal funding conditions, and campus housing rules can also restrict access to lawful adult content well beyond anything West Virginia's criminal code reaches; that kind of restriction is a contractual or employment matter, not a criminal one.
This is general legal information about West Virginia law, not legal advice, and it does not address every fact pattern. Consult an attorney licensed in West Virginia for advice specific to a particular situation.
More West Virginia Laws
- West Virginia Age Verification Laws
- West Virginia Sexting Laws
- West Virginia Deepfake Laws
- Take It Down Act and Revenge Porn Laws by State
Frequently Asked Questions
Is it illegal to watch pornography in West Virginia?
No. West Virginia has no statute criminalizing an adult's private viewing or possession of legal, non-CSAM pornography. This follows the U.S. Supreme Court's ruling in Stanley v. Georgia that private possession of obscene material cannot be criminalized.
Does West Virginia have a general obscenity law for adults?
Not in the state code. West Virginia Code Chapter 61, Article 8 contains no general statute criminalizing the sale or distribution of obscene material between adults, and the state's obscenity provisions in Article 8A apply specifically to distributing or displaying obscene matter to minors. The Legislature instead delegated adult obscenity to local government: W. Va. Code Section 7-1-4 and Section 8-12-5b supply an obscenity ordinance a county commission or municipality may adopt, making it a misdemeanor to sell or publicly display obscene matter to any individual of any age.
Can an adult be prosecuted for selling obscene material to another adult in West Virginia?
Possibly, depending on the county or city. No state-code section reaches adult-to-adult sale or public display of obscene matter, but W. Va. Code Section 7-1-4 and Section 8-12-5b authorize county commissions and municipalities to adopt a Legislature-drafted obscenity ordinance that does. Where the ordinance has been adopted, a first offense is a misdemeanor carrying up to $500 or thirty days in jail, and a second or subsequent offense up to $1,000 or six months. Check the code of the specific county or municipality.
What does West Virginia's age-verification law require?
House Bill 4412, effective June 12, 2026 and codified at W. Va. Code Chapter 49A Article 1, requires websites where more than one-third of the content is harmful to minors to verify a user's age before granting access. It is enforced through private lawsuits ($10,000 per violation) and Attorney General penalties (up to $10,000 per day, plus up to $250,000 if a minor accessed the material).
Can a website be sued directly for violating West Virginia's age-verification law?
Yes. Unlike some states that route enforcement only through the Attorney General, West Virginia's law gives any person a private right of action for $10,000 per violation, plus attorney fees and court costs, in addition to Attorney General enforcement.
What is West Virginia's penalty for possessing child sexual abuse material?
Under W. Va. Code Section 61-8C-3, penalties scale with the amount of material: two to five years and up to a $5,000 fine for 50 or fewer images, three to fifteen years and up to $10,000 for 51 to 299 images, and five to twenty years and up to $25,000 for 300 or more images or material involving violence.
Is sharing someone's intimate images without consent a crime in West Virginia?
Yes. W. Va. Code Section 61-8-28a makes nonconsensual disclosure of an intimate image, including an AI-generated fabricated image, a misdemeanor for a first offense and a felony for a second or subsequent offense.
Does West Virginia require a license to operate an adult business?
No. West Virginia has no state-level licensing or permitting statute for sexually oriented businesses in the current code. Regulation is left to individual counties and municipalities, which may impose zoning restrictions such as distance separations from schools and churches, and which may also adopt the criminal obscenity ordinance authorized by W. Va. Code Section 7-1-4 and Section 8-12-5b.
Does federal law still apply to pornography in West Virginia even without a state obscenity statute?
Yes. Federal obscenity law (18 U.S.C. Sections 1460 to 1470) and federal child sexual abuse material statutes apply regardless of state law whenever obscene material or CSAM crosses state lines, is mailed, or is distributed over the internet.
Updates
Added West Virginia Code Sections 7-1-4 and 8-12-5b, the criminal obscenity ordinance counties and municipalities may adopt against adult-to-adult sale and public display of obscene matter, corrected the first-offense penalty comparison between Sections 61-8A-2 and 61-8A-4, and removed an unsupported inference drawn from two repealed statutes.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 61-8A-2Distribution and display to minor of obscene matter; penalties; defenses.In forcecited in 4 of our articles
(a) Any adult, with knowledge of the character of the matter, who knowingly and intentionally distributes, offers to distribute, or displays to a minor any obscene matter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or confined in a state correctional facility for not more than five years, or both. (b) It is a defense to a prosecution under the provisions of this section that the obscene matter: (1) Was displayed in an area from which minors are physically excluded and the matter so located cannot be viewed by a minor from nonrestricted areas; or (2) Was covered by a device, commonly known as a “blinder rack,” such that the lower two thirds of the cover of the material is not exposed to view; or (3) Was enclosed in an opaque wrapper such that the lower two thirds of the cover of the material was not exposed to view; or (4) Was displayed or distributed after taking reasonable steps to receive, obtain or check an adult identification card, such as a driver's license or other technically or reasonably feasible means of verification of age.
Official text (excerpt) · last checked 2026-09-15 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Gardner, Jr. v. Ballard (District Court, N.D. West Virginia 2019)“…as four: (1) that his plea was involuntary; (2) that W. Va. Code § 61-8A-2 is unconstitutionally vague; (3)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Sexting Laws: Legal Consequences and Penalties, West Virginia Age of Consent Laws: Statutes, Penalties, Reporting
§ 61-8A-4Use of obscene matter with intent to seduce minor.In force
Any adult, having knowledge of the character of the matter, who knows or believes that a person is a minor at least four years younger than the adult, and distributes, offers to distribute or displays by any means any obscene matter to the person who is known or believed to be a minor at least four years younger than the adult, and such distribution, offer to distribute, or display is undertaken with the intent or for the purpose of facilitating the sexual seduction or abuse of the minor, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or imprisoned in a state correctional facility for not more than five years, or both. For a second and each subsequent commission of such offense, such person is guilty of a felony and, upon conviction, shall be fined not more than $50,000 or imprisoned in a state correctional facility for not more than ten years, or both.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-8C-3Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct or computer-generated child pornography prohibited; penalty.In forcecited in 8 of our articles
(a) Any person who knowingly sends or causes to be sent or distributes, exhibits, possesses, electronically accesses with intent to view or displays or transports any visual portrayal of a minor engaged in any sexually explicit conduct or computer-generated child pornography is guilty of a felony. (b) It is sufficient for purposes of this section that the material visually portrays a minor, regardless of whether the subject’s age is represented to be less than age 18 years old or whether the minor subject’s actual identity can be ascertained. (c) A visual portrayal created in whole or in part by digital manipulation, artificial intelligence, or any other means may satisfy the requirements of this section. (d) It is not a defense under this section that the minor depicted has attained the age of at least 18 years old at the time of investigation and/or prosecution, as long as the visual portrayal of the minor was originally taken or captured when the subject was under the age of 18 years of age.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- United States v. Gatherum (Court of Appeals for the Fourth Circuit 2009, 338 F. App'x 271)“…ed in sexually explicit conduct.” W. Va. Code Ann. § 61-8C-3. 1 Gatherum contends that…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), West Virginia AI Laws and Regulation (2026)
§ 61-8-28ANonconsensual disclosure of private intimate images; definitions; and penalties.In forcecited in 17 of our articles
(a) As used in this section: (1) “Disclose” means to publish, publicly display, distribute, deliver, circulate or disseminate by any means, including, but not limited to, electronic transmission. (2) “Image” means a photograph, videotape, motion picture film, digital recording or any product of any mechanical or electronic recording process or device that can preserve, for later viewing, a visual image. (3) “Intimate parts” means a person’s genitalia, pubic area, anus, or female post-pubescent breasts. (4) To “publicly disclose” means to disclose an image to one or more persons other than those persons whom the person depicted understood would view the image at the time it was captured. (5) “Fabricated intimate image” means an image of an identifiable depicted individual that was created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs and depicts computer-generated intimate parts or the intimate parts of another human being as the intimate parts of the depicted individual.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Video Recording Laws: Privacy Rules and Consent, West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, West Virginia Recording Laws (2026): One-Party Consent Rules
§ 61-8-9Indecent exposure.In force
(a) A person is guilty of indecent exposure when such person intentionally exposes his or her sex organs or anus or the sex organs or anus of another person, or intentionally causes such exposure by another or engages in any overt act of sexual gratification, and does so under circumstances in which the person knows that the conduct is likely to cause affront or alarm: Provided, That it is not considered indecent exposure for a mother to breast feed a child in any location, public or private. (b) Except as provided in subsection (c), any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than ninety days, or fined not more than $250, or both fined and confined. (c) Any person who violates the provisions of subsection (a) of this section by intentionally exposing himself or herself to another person and the exposure was done for the purpose of sexual gratification, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail not more than twelve months, or both.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 49A-1-104Liability for failing to perform reasonable age verification for sexual material harmful to minors; damages; liability for retention of data; damages; creation of cause of action; and statute of limitations.In forcecited in 2 of our articles
(a) A commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors on the internet from a website, or through an application, that contains a substantial portion of such sexual material harmful to minors shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of an individual attempting to access the material. A commercial entity that is found to have violated this section is liable to an individual, as defined in subsection (d) of this section, for damages resulting from a minor child accessing the material, and the individual who brings an action under this subsection is entitled to: (1) An award of reasonable attorney fees and court costs; (2) $10,000 per each incident of violation; and (3) Actual damages for financial, physical, and emotional harm incurred by the person bringing the action, if the court determines that the harm is a direct consequence of the violation or violations.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Age Verification Law: HB 4412 Requirements Explained
§ 49A-1-105Injunction by action of Attorney General; civil penalties; basis of civil penalties; and statute of limitations.In forcecited in 2 of our articles
(a) If the Attorney General believes that a commercial entity is knowingly and intentionally violating or has knowingly violated this article, and the action is in the public interest, the Attorney General may bring an action in the circuit court located where a minor child, or individual, has accessed the obscene material, sexual material harmful to minors, or child porn or in the circuit court located where an individual resides who has had any identifiable information improperly retained, used, shared, or sold, against a commercial entity or other person to enjoin the violation and recover a civil penalty for violating this article.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-8-16Obscene, anonymous, harassing, repeated and threatening telephone calls; penalty.In force
(a) It is unlawful for any person with intent to harass or abuse another by means of telephone to: (1) Make any comment, request, suggestion or proposal which is obscene; or (2) Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number; or (3) Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (4) Make repeated telephone calls, during which conversation ensues, with intent to harass any person at the called number; or (5) Threaten to commit a crime against any person or property. (b) It shall be unlawful for any person to knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section. (c) Any offense committed under this section may be deemed to have occurred at the place at which the telephone call was made, or the place at which the telephone call was received.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Hillery C. Thorne, Jr. v. Robert Bailey, Sheriff Alfred E. Ferguson, Judge Lawrence Egnor, Judge (Court of Appeals for the Fourth Circuit 1988, 846 F.2d 241)“…alia, Thorne's claims that his misdemeanor conviction under W.Va.Code Sec. 61-8-16(a)(4) (1984) 1 violated his First Amen…”
- Schiff v. Warden (District Court, D. Maryland 2024)“…any person at the called number.” /d. at 242 n.1 (quoting W.Va. Code § 61-8-16(a) (1984)). Where the defendant, a sus…”
- Rodgers v. CHASE BANK USA, NA. (United States Bankruptcy Court, N.D. West Virginia 2020)“…t the West Virginia Telephone Harassment Statute (“WVTHS”; W. Va. Code § 61-8-16) regulates such calls. Regarding Count…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 7-1-4County commission authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matter; and establishing penalties for violations.In force
(a) In addition to all other powers which county commissions now possess by law, county commissions may adopt the ordinance provided in subsection (b) of this section. A county commission when adopting this ordinance may delete therefrom such portions of paragraph (A), subdivision (4), subsection (b) of this section that it deems appropriate. (b) The ordinance which county commissions may adopt pursuant to the power granted them under subsection (a) of this section shall be: Section 1. Definitions. For purposes of this ordinance: (1) "Knowingly" means to have knowledge of or to be aware of the content or character of obscene matter. (2) "Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials. (3) "Individual" means any human being regardless of age.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 8-12-5BMunicipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations.In force
(a) Notwithstanding the provisions of section one, article eleven, chapter eight of this code, in addition to all other powers which municipalities now possess by law, every municipality and the governing body thereof may adopt the ordinance provided in subsection (b) of this section. A municipality when adopting this ordinance, may delete therefrom such portions of paragraph (A), subdivision (4), subsection (b) of this section that it deems appropriate. (b) The ordinance which municipalities may adopt pursuant to the power granted them under subsection (a) of this section shall be: Section 1. Definitions. For purposes of this ordinance: (1) "Knowingly" means to have knowledge of or to be aware of the content or character of obscene matter. (2) "Matter" means any book, magazine, newspaper or other printed or written material, or any picture, drawing or photograph, motion picture, or other visual representation, or live conduct, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials. (3) "Individual" means any human being regardless of age.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
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Sources and References
- W. Va. Code Section 61-8 (Article index, "Crimes Against Chastity, Morality and Decency")(code.wvlegislature.gov).gov
- W. Va. Code Section 61-8A-2 (distribution/display of obscene matter to a minor)(code.wvlegislature.gov).gov
- W. Va. Code Section 61-8A-4 (obscene matter with intent to seduce a minor)(code.wvlegislature.gov).gov
- W. Va. Code Section 61-8C-3 (CSAM distribution and possession)(code.wvlegislature.gov).gov
- W. Va. Code Section 61-8-28a (nonconsensual disclosure of private intimate images)(code.wvlegislature.gov).gov
- W. Va. Code Section 61-8-9 (indecent exposure)(code.wvlegislature.gov).gov
- West Virginia House Bill 4412 (2026), enrolled text - age verification for websites(wvlegislature.gov).gov
- West Virginia HB 4412 bill status and history(wvlegislature.gov).gov
- Stanley v. Georgia, 394 U.S. 557 (1969)(law.cornell.edu)
- Free Speech Coalition, Inc. v. Paxton (2025) summary, Wisconsin Legislative Council Issue Brief(docs.legis.wisconsin.gov).gov
- W. Va. Code Section 7-1-4 (county commission authority to enact obscenity ordinance; prohibited activities and penalties)(code.wvlegislature.gov)
- W. Va. Code Section 8-12-5b (municipal authority to enact obscenity ordinance; prohibited activities and penalties)(code.wvlegislature.gov)