The proposed bill aims to enhance the protection of minors from harmful online content by mandating age verification for websites that host such material. It amends existing definitions related to obscenity and harmful content, introducing new terms such as "covered platform" and "reasonable age verification." The bill requires that covered platforms implement methods to confirm that users attempting to access harmful material are at least eighteen years old. Violations of this requirement are classified as a Class 1 misdemeanor, escalating to a Class 6 felony for subsequent offenses. Additionally, the bill prohibits covered platforms or third parties from retaining any identifying information collected during the age verification process.
Furthermore, the bill outlines a compliance framework, stipulating that the attorney general must notify covered platforms of any non-compliance before taking legal action. If the platform rectifies the violation within ninety days of receiving notice, it will not face criminal liability or civil penalties for that specific issue. The bill also establishes civil penalties for non-compliance, allowing the attorney general to seek injunctions and impose fines of up to five thousand dollars for each violation. Importantly, the provisions do not apply to general-purpose search engines, internet service providers, or cloud service providers, thereby limiting the scope of the law.
Statutes affected: Introduced, 01/14/2025: 22-24-27, 22-24-29, 22-24-58
House Engrossed, 01/21/2025: 22-24-27, 22-24-29, 22-24-58