SB 2346 — Material harmful to minors; provide for liability for any entity that distributes on the internet without age verification.

2346 AN(As ACTSent TOto REQUIREGovernor) ANYAN COMMERCIALACT ENTITY THAT KNOWINGLY OR INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL HARMFUL TO MINORSREGULATE ONPORNOGRAPHIC THEMEDIA INTERNETEXPOSURE FROM A WEBSITE THAT CONTAINS A SUBSTANTIAL PORTION OF SUCH MATERIAL SHALL BE HELD LIABLE IF THE ENTITY FAILS TO PERFORMCHILDREN; REASONABLE AGE-VERIFICATION METHODS TO VERIFY THE AGE OF INDIVIDUALS ATTEMPTING TO ACCESS THE MATERIAL;

TO STATEPROVIDE THE LEGISLATIVE INTENTINTENT; AND FINDINGS;

TO DEFINEPROVIDE TERMS;DEFINITIONS;

TO PROVIDEREQUIRE THATCOMMERCIAL THISENTITIES ACTTHAT SHALLPROVIDE NOTSUCH APPLYCONTENT TO BONAHAVE FIDEAGE NEWSVERIFICATION ANDSYSTEMS; SHALL NOT AFFECT THE RIGHTS OF ANY NEWS-GATHERING ORGANIZATIONS;

TO EXEMPTPROVIDE INTERNETLIABILITY SERVICEFOR PROVIDERSTHOSE FROMCOMMERCIAL LIABILITYENTITIES UNDERTHAT THEDO ACT;NOT PROVIDE AN AGE VERIFICATION;

(1) The Legislature finds that:that pornography contributes to:

(a) DueThe tohyper advancessexualization in technology, the universal availability of theteens internet, and limitedprepubescent agechildren verificationand requirements,may minorslead are exposed to pornographylow earlierself-esteem, inbody age.image disorders;

(b) PornographyAn contributes to the hyper-sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior.behavior;

(c) Difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction;

and (d) A negative impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal.

2346 *SS36/R778**SS36/R778SG* ~ OFFICIAL ~ G1/2 23/SS36/R77823/SS36/R778SG PAGE 1 (ens\tb)SECTION (c)2. Pornography may also impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction.

(2)The Therefore,following itwords isshall thehave intent of the Legislaturemeanings todescribed provideherein: a civil remedy for damages against commercial entities who distribute material harmful to minors without performing a reasonable age verification to verify the age of individuals attempting to access the material.

SECTION 2.

As used in this act, the following terms shall have the meaning herein ascribed unless the context clearly requires otherwise:

(c) "Internet" means the international computer network of both federal and non-federalnonfederal interoperable packet switched data networks.

S.(i) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

B.

No.

2346 *SS36/R778* ~ OFFICIAL ~ 23/SS36/R778 PAGE 2(ens\tb) (i) Any material that the average person, applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

3.S.

B.

No.

2346 *SS36/R778SG* ~ OFFICIAL ~ 23/SS36/R778SG PAGE 2 3.

(e) "Minor" means any person under the age of eighteen (18) years.

(i) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph, who can provide documentation of S.such employment with the newspaper, news publication, or news source.

B.

No.

2346 *SS36/R778* ~ OFFICIAL ~ 23/SS36/R778 PAGE 3(ens\tb) such employment with the newspaper, news publication, or news source.

(h) "Reasonable age verification methods" include verifying that the person seeking to access the material is eighteenS. (18) years of age or older requiring the person attempting to access the material to comply with a commercial age-verification system that verifies in one or more of the following ways:

(i) Government-issued identification;

or (ii) Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.

(i) "Substantial portion" means more than thirty-three and one-third percent (33 1/3%) of total material on a website, which meets the definition of "material harmful to minors" as defined by this section.

S.

2346 *SS36/R778**SS36/R778SG* ~ OFFICIAL ~ 23/SS36/R77823/SS36/R778SG PAGE 4(ens\tb)3 (j)eighteen "Transactional(18) data"years means a sequence of informationage that documents an exchange, agreement, or transferolder betweenby anusing individual,any commercialof entity, or third party used for the purposefollowing ofmethods: satisfying a request or event.

(i) Provide a digitized identification card;

(ii) Require the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:

1.

Government-issued identification;

or 2.

Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen (18) years of age or older.