Bill > HB4412

This bill requires commercial entities that distribute a substantial portion of material deemed "sexual material harmful to minors" (defined as content appealing to prurient interest, sexually explicit in a way offensive to minors, and lacking serious value for minors) to verify the age of individuals accessing such content, meaning they must confirm the user is 18 years or older, through methods like digital identification or government-issued identification, or a system using public or private transactional data. These entities are prohibited from retaining personally identifiable information after access is granted, though data held prior to verification is exempt, and must implement best practices to limit data transfer. The bill also prohibits the distribution of obscene material or child pornography and establishes liability for commercial entities that fail to comply with age verification, leading to potential damages for individuals harmed by a minor's access to harmful material or by the improper retention of data, with a five-year statute of limitations for such civil actions. The Attorney General is empowered to seek injunctions and civil penalties, with penalties based on the violation's seriousness, history, deterrence, economic impact, and the entity's knowledge, also subject to a five-year statute of limitations. The Office of Technology is tasked with creating rules for implementing these age verification processes, including data retention and security, and ensuring any agents used have their principal place of business in the United States. Importantly, internet service providers, search engines, and hosting entities are generally not liable for hosting or transmitting harmful material if they are not the creators of that content, and bona fide news-gathering organizations and public interest broadcasts are exempt from these requirements.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4412&year=2026&sessiontype=RS&btype=bill