Bill > HB394

This bill establishes new legal provisions regarding the distribution of obscene material to minors on the internet. Specifically, it requires commercial entities (defined as corporations, partnerships, or other legally recognized business entities) that have websites containing more than one-third obscene material to implement reasonable age verification methods to prevent minors from accessing such content. These verification methods can include government-issued identification or commercially reasonable methods using transactional data to confirm a user is at least 18 years old. The bill critically prohibits commercial entities or third-party verification services from retaining any identifying information about individuals after age verification, protecting user privacy. If a commercial entity fails to comply with these requirements, individuals can bring legal action seeking damages resulting from a minor accessing obscene material or from improper retention of personal information. The law explicitly does not apply to internet service providers, search engines, or news organizations, and will take effect on October 1, 2025. Importantly, the bill defines "obscene" by reference to existing criminal law definitions and provides clear guidelines for what constitutes acceptable age verification processes.