SB 2380 — Relating to a commercial entity's liability for publishing or distributing sexual material harmful to a minor; to provide a penalty; and to provide for application.

25.1138.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2380 Introduced(Senators by Senators Boehm, Beard, PaulsonPaulson) Representatives(Representatives VanWinkle, Steiner, KleminKlemin) AAN BILLACT for an Act to create and enact a new section to chapter 51-07 of the North Dakota Century Code, relating to a commercial entity's liability for publishing or distributing sexual material harmful to a minor;

or (2) Radio broadcast station, television broadcast station, cable television operator, or wire service, who is acting within the scope of employment and Pagecan No.provide documentation of employment with the radio broadcast station, television broadcast station, cable television operator, or wire service.

1 25.1138.03000 Sixty-ninth Legislative Assembly can provide documentation of employment with the radio broadcast station, television broadcast station, cable television operator, or wire service.

or (c)S. Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the information is eighteen years of age or older.

B.

NO.

2380 - PAGE 2 (c) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the information is eighteen years of age or older.

Pageh. No.

2 25.1138.03000 Sixty-ninth Legislative Assembly h.

7.S.

B.

NO.

2380 - PAGE 3 7.

An internet service provider or its affiliates or subsidiaries, a search engine, or a cloud service providerprovider, or an application store, may not be held to have violated this section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the provider's control, including Pagetransmission, No.downloading, intermediate storage, access software, or other forms of access or storage to the extent the provider is not responsible for the creation of the content of the communication that constitutes sexual material harmful to a minor.

3 25.1138.03000 Sixty-ninth Legislative Assembly transmission, downloading, intermediate storage, access software, or other forms of access or storage to the extent the provider is not responsible for the creation of the content of the communication that constitutes sexual material harmful to a minor.

PageS. No.

4B. 25.1138.03000

NO.

2380 - PAGE 4 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2380.

Senate Vote:

Yeas 47 Nays 0 Absent 0 House Vote:

Yeas 90 Nays 0 Absent 4 ____________________________ Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State