The proposed bill seeks to amend the Code of West Virginia by creating a new chapter that establishes liability for publishers and distributors of sexual material considered harmful to minors. It mandates that commercial entities must verify the age of individuals accessing such material and holds them liable for damages if minors access it without proper verification. The bill clarifies that internet service providers are not liable for hosting harmful material unless they are the creators of that content. Additionally, it allows for civil actions to be initiated by individuals or the Attorney General against violators, with a five-year statute of limitations for filing these actions and specified penalties for non-compliance.

Furthermore, the bill introduces a new section, 49A-1-107, which addresses severability, ensuring that if any provision of the article is deemed invalid, the remaining provisions will still be enforceable. The Office of Technology is also granted rule-making authority to implement the age verification processes securely and manage any data collected appropriately. Overall, the bill aims to enhance protections for minors against exposure to harmful sexual material online while outlining the responsibilities and liabilities of commercial entities involved in distributing such content.

Statutes affected:
Introduced Version: 49A-1-101, 49A-1-102, 49A-1-103, 49A-1-104, 49A-1-105, 49A-1-106, 49A-1-107