(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to:(1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information pertaining to a minor on the Internet; or(2) Posting obscene material, as defined in §61-3C-14a of this code, in a real or doctored image of a minor on the Internet; (b) For the purposes of this section: (1) 'Harass, intimidate or bully' means any intentional gesture, or any intentional electronic, written, verbal, or physical act, communication, transmission or threat that:(A) A reasonable person under the circumstances should know the act will have the effect of any one or more of the following:(i) Physically harming a minor;(ii) Damaging a minor’s property;(iii) Placing a minor in reasonable fear of harm to his or her person; or(iv) Placing a minor in reasonable fear of damage to his or her property; or(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a inor in reasonable fear of damage to his or her property; or(B) Is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or emotionally abusive environment for a minor.(2) 'Minor' means an individual under the age of 18 years old.(c) This section does not apply to a peaceful activity intended to:(i) Express a political view; or(ii) Provide information to others with no intent to harass, intimidate, or bully.(d) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in jail for a period not to exceed one year, or both confined and fined.
West Virginia Legal Code