HB 2363 West Virginia House of Delegates · 2025 Regular Session

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

This bill clarifies that certain professionals - including law enforcement officers, prosecutors, court attorneys, judges, jurors, and their support staff - are exempt from West Virginia's child pornography laws when handling such material in their official duties. It also requires other employees who encounter images of minors in sexually explicit conduct on work devices to immediately report the discovery to law enforcement or the National Center for Missing and Exploited Children. Reporting must include device owner details if known, and compliance with this requirement serves as an affirmative defense against violations. The bill does not change criminal penalties but updates exemptions and adds a mandatory reporting obligation for non-exempt personnel.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Governor
Introduced Feb 13, 2025 Last action Feb 26, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Committee Substitute Engrossed Version · 4 edits · Feb 25, 2025
MODERATE
The bill was advanced from the Committee Substitute stage to the Engrossed Version, which simplified the text by removing the request for the Supreme Court to promulgate rules and the mandatory reporting requirements for individuals who view images of minors. The scope of exemptions was significantly narrowed to protect only specific legal professionals and support staff, while removing protections for jurors and general support personnel.
Scope change
The bill's scope was narrowed by removing exemptions for jurors and support personnel, and by eliminating the mandatory reporting requirement for non-exempt individuals who view such images.
REQUIREMENT

Removed the mandatory reporting requirement for individuals not listed in the exemptions who view images of minors engaged in sexually explicit conduct.

Removed the request for the Supreme Court of Appeals to create rules regarding the handling of such materials.

ELIGIBILITY

Narrowed the list of exempted individuals by removing jurors and support personnel, and expanding the exemption for attorneys to specifically cover those defending persons charged with violations of this or similar federal laws.

Removed the exemption for persons acting under a valid court order.

Floor votes · House of Delegates Feb 25, 2025

How they voted

970
Passed · 3 other
Total votes 100
Feb 25, 2025
D Democratic9
9 Yea
100% Yea
R Republican91
88 Yea 3
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
2
Committee
6
Feb 26, 2025
Committee
To Judiciary
upper
Feb 26, 2025
Introduced
Introduced in Senate
upper
Feb 25, 2025
Lower · Passed
Passed House (Roll No. 11)
lower
Feb 20, 2025
Lower · Passed
By substitute, do pass
lower
Feb 20, 2025
Committee
To House Judiciary
lower
Feb 18, 2025
Committee
To House Courts
lower
Feb 13, 2025
Committee
To House Judiciary
lower
Feb 13, 2025
Introduced
Introduced in House
lower
Feb 13, 2025
Committee
To Judiciary
lower
1 primary · 1 co-sponsor

Sponsors