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SD SB18

SD SB18
Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead
03/31/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act to require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

AI Summary

This bill seeks to require websites with substantial amounts of content harmful to minors to implement robust age verification methods to prevent minors from accessing such material. The bill defines a "covered platform" as a website where at least one-third of its content could be considered harmful to minors, and mandates that these platforms use "reasonable age verification" methods to confirm a user's age, such as checking state-issued identification, military ID, bank account information, or credit/debit cards. Websites must prevent minors from accessing age-restricted content, with penalties for non-compliance ranging from a Class 1 misdemeanor for a first offense to a Class 6 felony for subsequent violations. The bill also stipulates that any age verification process must not retain a user's personal identifying information after access is granted. Before legal action is taken, platforms will receive a written notice identifying specific violations and an opportunity to remedy them within 90 days. Platforms found in violation could face civil penalties of up to $5,000 per incident, with these funds deposited in the state's general fund. Importantly, the bill explicitly excludes general-purpose search engines, internet service providers, and cloud service providers from these requirements, focusing instead on websites with significant adult-oriented content.

Committee Categories

Justice

Sponsors (13)

Last Action

Judiciary Tabled, Passed, YEAS 5, NAYS 2. (on 02/18/2025)

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