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 stringent age verification systems before granting access to any 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 of up to $1,000,000 per violation and potential civil liability for damages if minors access explicit content.

Additionally, the bill outlines enforcement mechanisms, including the establishment of a special unit within the West Virginia Attorney General's Office to conduct compliance audits. Websites that fail to comply for more than 30 days may face bans from operation in the state, daily civil penalties, and criminal charges for operators. 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 and that any minor access was due to external circumvention. The bill includes a severability clause to ensure that if any part is deemed invalid, the remaining provisions will still be enforceable.

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