Indiana 2024 Regular Session

Indiana House Bill HB1063 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1063
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 24-4-23.
7	7	Synopsis: Age verification. Requires an adult oriented website
8	8	operator that displays material harmful to minors to use a reasonable
9	9	age verification method to prevent a minor from accessing an adult
10	10	oriented website. Creates a cause of action to permit: (1) the parent or
11	11	guardian of a child harmed by a violation of the age verification
12	12	requirement to obtain monetary damages, injunctive relief, and
13	13	reasonable attorney's fees; and (2) the attorney general to bring an
14	14	action based on a violation of the age verification requirement or data
15	15	retention requirements to obtain injunctive relief, and, after providing
16	16	notice and an opportunity to cure, a civil penalty of not more than
17	17	$5,000 per day of violation. Prohibits a person that conducts age
18	18	verification from: (1) retaining the identifying information of an
19	19	individual seeking to access an adult oriented website; (2) using
20	20	identifying information for a purpose other than age verification; or (3)
21	21	collecting identifying information that is not reasonably necessary for
22	22	purposes of age verification. Permits an individual whose identifying
23	23	information is misused to bring an action to obtain monetary damages,
24	24	injunctive relief, and reasonable attorney's fees.
25	25	Effective: July 1, 2024.
26	26	King
27	27	January 8, 2024, read first time and referred to Committee on Judiciary.
28	28	2024 IN 1063—LS 6531/DI 106 Introduced
29	29	Second Regular Session of the 123rd General Assembly (2024)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2023 Regular Session of the General Assembly.
39	39	HOUSE BILL No. 1063
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning trade
41	41	regulation.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
44	44	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
45	45	3 1, 2024]:
46	46	4 Chapter 23. Age Verification for Adult Oriented Websites
47	47	5 Sec. 1. "Adult oriented website" means a publicly accessible
48	48	6 website that publishes material harmful to minors, if at least
49	49	7 one-third (1/3) of the images and videos published on the website
50	50	8 depict material harmful to minors.
51	51	9 Sec. 2. "Adult oriented website operator" means a person that
52	52	10 owns or operates an adult oriented website.
53	53	11 Sec. 3. "Material harmful to minors" means matter or a
54	54	12 performance described in IC 35-49-2-2.
55	55	13 Sec. 4. "Minor" means a person less than eighteen (18) years of
56	56	14 age.
57	57	15 Sec. 5. "Mobile credential" has the meaning set forth in
58	58	16 IC 9-13-2-103.4.
59	59	17 Sec. 6. "Reasonable age verification method" means a method
60	60	2024 IN 1063—LS 6531/DI 106 2
61	61	1 of determining that an individual seeking to access a website
62	62	2 containing material harmful to minors is not a minor by using one
63	63	3 (1) or more of the following methods:
64	64	4 (1) A mobile credential.
65	65	5 (2) An independent third party age verification service that
66	66	6 compares the identifying information entered by the
67	67	7 individual who is seeking access with information that is
68	68	8 available from a commercially available data base, or an
69	69	9 aggregate of data bases, that is regularly used by government
70	70	10 agencies and businesses for the purpose of age and identity
71	71	11 verification.
72	72	12 (3) Any commercially reasonable method that relies on public
73	73	13 or private transactional data to verify the age of the
74	74	14 individual attempting to access the material harmful to
75	75	15 minors.
76	76	16 Sec. 7. "Transactional data" means a sequence of information
77	77	17 that documents an exchange, agreement, or transfer between an
78	78	18 individual, commercial entity, or third party used for the purpose
79	79	19 of satisfying a request or event. The term includes records that
80	80	20 relate to a mortgage, education, or employment.
81	81	21 Sec. 8. An adult oriented website operator may not knowingly
82	82	22 or intentionally publish an adult oriented website unless the adult
83	83	23 oriented website operator uses a reasonable age verification
84	84	24 method to prevent a minor from accessing the adult oriented
85	85	25 website.
86	86	26 Sec. 9. (a) If:
87	87	27 (1) an adult oriented website operator knowingly or
88	88	28 intentionally publishes an adult oriented website in violation
89	89	29 of section 8 of this chapter; and
90	90	30 (2) a minor accesses the adult oriented website;
91	91	31 the parent or guardian of the minor who accessed the adult
92	92	32 oriented website may bring an action against the adult oriented
93	93	33 website operator.
94	94	34 (b) A parent or guardian who prevails in an action described in
95	95	35 this section is entitled to:
96	96	36 (1) either:
97	97	37 (A) actual damages; or
98	98	38 (B) liquidated damages of one thousand dollars ($1,000);
99	99	39 (2) injunctive relief; and
100	100	40 (3) court costs, reasonable attorney's fees, and other
101	101	41 reasonable expenses of litigation, including expert witness
102	102	42 fees.
103	103	2024 IN 1063—LS 6531/DI 106 3
104	104	1 Sec. 10. (a) If an adult oriented website operator publishes an
105	105	2 adult oriented website in violation of section 8 of this chapter, or
106	106	3 violates section 11 of this chapter, the attorney general may bring
107	107	4 an action to seek injunctive relief.
108	108	5 (b) In addition to injunctive relief under subsection (a), if:
109	109	6 (1) the attorney general notifies the adult oriented website
110	110	7 operator in writing that the adult oriented website operator
111	111	8 is violating section 8 or 11 of this chapter; and
112	112	9 (2) the adult oriented website operator does not cure the
113	113	10 violation within thirty (30) days after receipt of the notice;
114	114	11 the attorney general may bring an action to impose a civil penalty
115	115	12 on the adult oriented website operator. If the trier of fact
116	116	13 determines that the adult oriented website operator violated
117	117	14 section 8 or 11 of this chapter, the court shall impose a civil penalty
118	118	15 of not more than five thousand dollars ($5,000) for each day of
119	119	16 violation.
120	120	17 Sec. 11. (a) This section applies to a person that uses or purports
121	121	18 to use a reasonable age verification method to grant or deny access
122	122	19 to an adult oriented website.
123	123	20 (b) A person to which this section applies may not:
124	124	21 (1) retain identifying information of an individual seeking
125	125	22 access to an adult oriented website, unless retention of the
126	126	23 identifying information is required by a court order;
127	127	24 (2) use identifying information of an individual seeking access
128	128	25 to an adult oriented website for any purpose other than age
129	129	26 verification; or
130	130	27 (3) collect information other than that which is reasonably
131	131	28 necessary for age verification.
132	132	29 (c) An individual whose identifying information is retained,
133	133	30 used, or collected in violation of this section may bring an action
134	134	31 against the person that unlawfully retained, used, or collected the
135	135	32 individual's identifying information. An individual who prevails in
136	136	33 an action described in this section is entitled to:
137	137	34 (1) either:
138	138	35 (A) actual damages; or
139	139	36 (B) liquidated damages of one thousand dollars ($1,000);
140	140	37 (2) injunctive relief; and
141	141	38 (3) court costs, reasonable attorney's fees, and other
142	142	39 reasonable expenses of litigation, including expert witness
143	143	40 fees.
144	144	2024 IN 1063—LS 6531/DI 106