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 defines key terms such as "commercial entity," "child pornography," and "sexual material harmful to minors," and mandates that these entities implement reasonable age verification methods to ensure that only individuals aged 18 and older can access such content. Non-compliance with these verification requirements can lead to significant liability, including damages for any harm caused to minors who access the material. The bill also outlines the enforcement role of the Attorney General, allowing for civil actions against violators, and specifies penalties for non-compliance, including daily fines and damages for improper retention of identifying information.

Furthermore, the bill introduces a new section, 49A-1-107, which addresses severability, ensuring that if any provision is found invalid, the remaining provisions will still be enforceable. It also clarifies that bona fide news-gathering organizations are exempt from the bill's provisions and that internet service providers are not liable for hosting harmful material unless they are the creators of that content. Overall, the legislation aims to protect minors from harmful sexual material while outlining clear responsibilities and penalties for those who distribute 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