The proposed bill aims to amend the Code of West Virginia by introducing a new section, 61-8A-6, which focuses on regulating access to pornography for minors. It establishes the "Protect" Act, which mandates that commercial adult websites implement strict age verification systems before granting access to pornographic material. These systems must utilize biometric facial recognition, government-issued identification, and credit card authentication, with re-verification required every 24 hours. The bill also prohibits the circumvention of these age verification measures and imposes significant penalties for non-compliance, including fines and potential criminal charges for website operators.

Additionally, the bill outlines the enforcement mechanisms, including the establishment of a special enforcement unit by the West Virginia Attorney General's Office to conduct compliance audits. Websites that fail to comply for over 30 days may face bans, civil penalties, and civil liability for damages caused to minors. The legislation also provides a legal defense for compliant entities, stating they will be immune from liability if they can prove adherence to the law. Furthermore, it includes a severability clause to ensure that if any part of the law is deemed invalid, the remaining provisions will still be enforceable.

Statutes affected:
Introduced Version: 61-8A-6