The bill amends the Code of West Virginia by introducing a new chapter focused on establishing liability for publishers and distributors of sexual material deemed harmful to minors. It defines key terms, including "child pornography," "obscene material," and "sexual material harmful to minors," and outlines the requirements for reasonable age verification methods that commercial entities must implement to ensure that individuals accessing such material are at least 18 years old. The bill also specifies that commercial entities failing to comply with these verification requirements may face significant civil liabilities, including damages for harm caused to minors, as well as penalties for retaining or misusing personally identifiable information.

Additionally, the bill provides exceptions for bona fide news-gathering organizations and clarifies that internet service providers are not liable for hosting harmful material unless they are the creators of that content. It establishes a five-year statute of limitations for civil actions related to violations of the article and grants the Attorney General the authority to enforce the provisions, including the ability to seek civil penalties against violators. The Office of Technology is also given rule-making authority to implement the article's requirements effectively.

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
Committee Substitute: 49A-1-101, 49A-1-102, 49A-1-103, 49A-1-104, 49A-1-105, 49A-1-106, 49A-1-107
Engrossed Committee Substitute: 49A-1-101, 49A-1-102, 49A-1-103, 49A-1-104, 49A-1-105, 49A-1-106, 49A-1-107
Enrolled Committee Substitute: 49A-1-101, 49A-1-102, 49A-1-103, 49A-1-104, 49A-1-105, 49A-1-106