Bill > HB4412

This bill requires commercial entities that publish or distribute material considered "sexual material harmful to minors" (defined as content appealing to minors' prurient interest and sexually explicit in a way that is patently offensive to them, lacking serious value) to implement age verification methods to ensure individuals accessing such content are 18 years or older. These methods can include digital identification or commercial/governmental systems using government-issued IDs or commercially reasonable methods that rely on public or private transactional data to verify age. The bill defines "commercial entity" broadly to include various business structures, and "minor" as anyone under 18. It specifies that entities performing age verification cannot retain identifying information after access is granted, unless that data was already held or obtained independently of the verification process. The bill also prohibits commercial entities from knowingly publishing or distributing obscene material or child pornography. Exceptions are made for bona fide news-gathering organizations and public interest broadcasts, and Internet service providers are generally not liable if they are not the creators of the harmful content. Failure to comply with age verification requirements can result in civil liability for damages, including attorney fees, court costs, and monetary penalties of $10,000 per incident, with additional penalties possible if minors access harmful material. The Attorney General is empowered to bring actions to enjoin violations and recover civil penalties, with a five-year statute of limitations for all civil actions under this article. The Office of Technology is granted rule-making authority to establish processes for age verification, data handling, and agent requirements.