The proposed bill seeks to create a new chapter in the Code of West Virginia that establishes liability for publishers and distributors of sexual material considered harmful to minors. It introduces definitions for 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 individuals accessing such material are at least 18 years old. The bill specifies that age verification must be conducted through digital identification or other reliable methods, and it prohibits the publication or distribution of obscene material or child pornography.

Furthermore, the bill imposes significant liabilities on commercial entities that do not comply with the age verification requirements, allowing affected individuals to bring civil actions with a five-year statute of limitations for filing claims. The Attorney General is empowered to enforce the provisions, including seeking civil penalties against violators. A severability clause is included, ensuring that if any part of the legislation is deemed invalid, the remaining provisions will still be enforceable. This comprehensive approach aims to protect minors from harmful sexual material while holding responsible parties accountable.

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