HB 265 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CIVIL LIABILITY AND CIVIL PENALTY FOR PUBLISHING OR DISTRUBITON OF MATERIAL HARMFUL TO MINORS ON THE INTERNET.
Last action — Assigned to Executive Committee in Senate
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
This act requires a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material. Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements. Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability. This act is modeled after similar laws in Virginia, Utah, and Louisiana.
Bill Text
What changed in the latest version
47 added · 8 removed47 line(s) added, 8 removed.
Michael Smith HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
2Hilovsky TO& HOUSESen. BILL NO.
265Hocker AMEND& HouseSen. Bill No.
265Poore on& lineSen. 11 by deleting the word “nudity” as it appears therein.
FURTHERWilson AMENDReps. House Bill No.
265Briggs onKing, lineBush, 12Collins, byGray, deletingMatthews, theOsienski, wordRamone, “shameful”Shupe, asK. it appears therein.
SYNOPSISWilliams; This amendment strikes 2 words that are not necessary to define "material harmful to minors".
Sens.
Lawson, Richardson, Sokola HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
265 AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CIVIL LIABILITY AND CIVIL PENALTY FOR PUBLISHING OR DISTRUBITON OF MATERIAL HARMFUL TO MINORS ON THE INTERNET.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 12, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1207C.
Publishing or distributing material harmful to minors on the Internet (a) For the purposes of this section:
(1) “Commercial entity” means corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.
(2) “Interactive computer service” means the same as the terms “Internet” or “Internet, website, online or cloud computing service, online application or mobile application” as those terms are defined at § 1202C of this title, except such service or materials do not have to be directed to children or targeted or intended to reach an audience that is composed predominantly of children.
(3) “Material harmful to minors” means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) appeals to the prurient, shameful, or morbid interest of minors, (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
(b) Any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older.
AFJ Page 1 of 12 Released:
05/13/202409/01/2023 12:4612:52 PM 0801520233(c) Any commercial entity that violates the provisions of this section shall be subject to a civil penalty of $250 per violation and civil liability for damages resulting from a minor’s access to such material harmful to a minor and reasonable attorney fees and costs.
(d) Nothing in this section shall be construed to impose liability on a provider or user of an interactive computer service on the Internet.
(e) Jurisdiction of actions under this section shall be in Superior Court.
(f) An action under this section may be brought by the Attorney General or any person, parent, or guardian of any person whose age was not verified.
SYNOPSIS This act requires a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material.
Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements.
Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability.
This act is modeled after similar laws in Virginia, Utah, and Louisiana.
HR :
RDS :
AFJ Page 2 of 2 Released:
09/01/2023 12:52 PM 0801520173
Action History
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Assigned to Executive Committee in Senate
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Passed By House. Votes: 31 YES 5 NO 4 NOT VOTING 1 ABSENT
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Amendment HA 7 to HB 265 - Passed In House by Voice Vote
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Amendment HA 6 to HB 265 - Passed In House by Voice Vote
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Amendment HA 5 to HB 265 - Stricken in House
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Amendment HA 4 to HB 265 - Passed In House by Voice Vote
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Amendment HA 3 to HB 265 - Passed In House by Voice Vote
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Amendment HA 2 to HB 265 - Passed In House by Voice Vote
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Amendment HA 1 to HB 265 - Stricken in House
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Amendment HA 7 to HB 265 - Introduced and Placed With Bill
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Amendment HA 6 to HB 265 - Introduced and Placed With Bill
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Amendment HA 5 to HB 265 - Introduced and Placed With Bill
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Amendment HA 4 to HB 265 - Introduced and Placed With Bill
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Amendment HA 3 to HB 265 - Introduced and Placed With Bill
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Amendment HA 2 to HB 265 - Introduced and Placed With Bill
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Amendment HA 1 to HB 265 - Introduced and Placed With Bill
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Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 4 Favorable, 2 On Its Merits, 2 Unfavorable
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Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
Sponsors
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- Brian Pettyjohn · Primary
- Bryan W. Shupe · Primary
- Edward S. Osienski · Primary
- Ronald E. Gray · Primary
- Richard G. Collins · Primary
- William Bush · Primary
- David L. Wilson · Primary
- Nicole Poore · Primary
- Laura V. Sturgeon · Primary
- Michael F. Smith · Primary
- Stell Parker Selby · Primary
- Ruth Briggs King · Primary
- Sean Matthews · Primary
- Valerie Longhurst · Primary
- Michael Ramone · Primary
Sponsorship breakdown
Export CSV (upgrade) →17 sponsors · 0 co-sponsors · 45 not signed on · 5 voted No
Sponsors (17)
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- Brian Pettyjohn Republican
- Bryan W. Shupe Republican
- Edward S. Osienski Democratic
- Ronald E. Gray Republican
- Richard G. Collins Republican
- William Bush Democratic
- David L. Wilson Republican
- Nicole Poore Democratic
- Laura V. Sturgeon Democratic
- Michael F. Smith Republican
- Stell Parker Selby
- Ruth Briggs King
- Sean Matthews
- Valerie Longhurst
- Michael Ramone
Co-sponsors (0)
None.
Not signed on (45)
45 members have not signed on to this bill.
Show all 45 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 0 |
| Democratic | 11 | 4 | 0 | 5 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 31 | 5 | 0 | 5 |
| % of votes cast | 76% | 12% | 0% | 12% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 265 do?
- This act requires a commercial entity that knowingly or intentionally provides pornography and other materials defined as harmful to minors to verify the age of individuals accessing the material. Civil liability and a civil penalty are imposed on commercial entities that fail to comply with verification requirements. Additionally, an internet provider or user of an interactive computer service on the internet is not subject to liability. This act is modeled after similar laws in Virginia, Utah, and Louisiana.
- Who sponsors HB 265?
- HB 265 is sponsored by David P. Sokola (Democratic), Bryant L. Richardson (Republican), Brian Pettyjohn (Republican), Bryan W. Shupe (Republican), Edward S. Osienski (Democratic), Ronald E. Gray (Republican), Richard G. Collins (Republican), William Bush (Democratic), David L. Wilson (Republican), Nicole Poore (Democratic), Laura V. Sturgeon (Democratic), Michael F. Smith (Republican), Stell Parker Selby, Ruth Briggs King, Sean Matthews, Valerie Longhurst, and Michael Ramone.
- What is the current status of HB 265?
- This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 265?
- Track HB 265 free on One Click Politics — get push/email alerts when it moves.
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