The proposed bill aims to amend the Code of West Virginia by introducing a new section, 61-8A-6, which focuses on preventing minors from accessing pornographic material online. Titled the "Protect" Act or the "Protecting Kids from Porn" Act, the bill establishes mandatory age verification requirements for commercial adult websites. These requirements include the use of biometric facial recognition, government-issued identification, and credit card authentication to confirm a user's age. Additionally, the bill prohibits the circumvention of these age verification measures through technologies like VPNs and imposes significant penalties for non-compliance, including fines and potential criminal charges for website operators.

The legislation also outlines 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 with the law for over 30 days may face bans from operation in the state, civil penalties, and civil liability for damages if minors access explicit content. Furthermore, the bill provides a legal defense for compliant entities, stating they will be immune from liability if they can demonstrate adherence to the law and that any minor access was due to external circumvention methods. 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