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 related to age verification and outlines the responsibilities of commercial entities in ensuring that individuals accessing such content are of legal age. If minors access harmful material without proper age verification, these entities can be held liable for damages. The bill clarifies that internet service providers will not be held liable for hosting or transmitting harmful material unless they are the creators of that content.

Furthermore, the bill allows individuals or the Attorney General to initiate civil actions against entities that violate these regulations, with a five-year statute of limitations for filing such actions. It details the penalties for non-compliance, including monetary damages and civil penalties, and grants the Office of Technology the authority to create rules to ensure secure age verification processes while protecting personal information. The bill also includes a severability clause, ensuring that if any provision is found invalid, the remaining provisions will still be enforceable.

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