Introduced Version
HOUSE BILL No. 1063
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4-23.
Synopsis: Age verification. Requires an adult oriented website
operator that displays material harmful to minors to use a reasonable
age verification method to prevent a minor from accessing an adult
oriented website. Creates a cause of action to permit: (1) the parent or
guardian of a child harmed by a violation of the age verification
requirement to obtain monetary damages, injunctive relief, and
reasonable attorney's fees; and (2) the attorney general to bring an
action based on a violation of the age verification requirement or data
retention requirements to obtain injunctive relief, and, after providing
notice and an opportunity to cure, a civil penalty of not more than
$5,000 per day of violation. Prohibits a person that conducts age
verification from: (1) retaining the identifying information of an
individual seeking to access an adult oriented website; (2) using
identifying information for a purpose other than age verification; or (3)
collecting identifying information that is not reasonably necessary for
purposes of age verification. Permits an individual whose identifying
information is misused to bring an action to obtain monetary damages,
injunctive relief, and reasonable attorney's fees.
Effective: July 1, 2024.
King
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1063—LS 6531/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1063
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-4-23 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]:
4 Chapter 23. Age Verification for Adult Oriented Websites
5 Sec. 1. "Adult oriented website" means a publicly accessible
6 website that publishes material harmful to minors, if at least
7 one-third (1/3) of the images and videos published on the website
8 depict material harmful to minors.
9 Sec. 2. "Adult oriented website operator" means a person that
10 owns or operates an adult oriented website.
11 Sec. 3. "Material harmful to minors" means matter or a
12 performance described in IC 35-49-2-2.
13 Sec. 4. "Minor" means a person less than eighteen (18) years of
14 age.
15 Sec. 5. "Mobile credential" has the meaning set forth in
16 IC 9-13-2-103.4.
17 Sec. 6. "Reasonable age verification method" means a method
2024 IN 1063—LS 6531/DI 106 2
1 of determining that an individual seeking to access a website
2 containing material harmful to minors is not a minor by using one
3 (1) or more of the following methods:
4 (1) A mobile credential.
5 (2) An independent third party age verification service that
6 compares the identifying information entered by the
7 individual who is seeking access with information that is
8 available from a commercially available data base, or an
9 aggregate of data bases, that is regularly used by government
10 agencies and businesses for the purpose of age and identity
11 verification.
12 (3) Any commercially reasonable method that relies on public
13 or private transactional data to verify the age of the
14 individual attempting to access the material harmful to
15 minors.
16 Sec. 7. "Transactional data" means a sequence of information
17 that documents an exchange, agreement, or transfer between an
18 individual, commercial entity, or third party used for the purpose
19 of satisfying a request or event. The term includes records that
20 relate to a mortgage, education, or employment.
21 Sec. 8. An adult oriented website operator may not knowingly
22 or intentionally publish an adult oriented website unless the adult
23 oriented website operator uses a reasonable age verification
24 method to prevent a minor from accessing the adult oriented
25 website.
26 Sec. 9. (a) If:
27 (1) an adult oriented website operator knowingly or
28 intentionally publishes an adult oriented website in violation
29 of section 8 of this chapter; and
30 (2) a minor accesses the adult oriented website;
31 the parent or guardian of the minor who accessed the adult
32 oriented website may bring an action against the adult oriented
33 website operator.
34 (b) A parent or guardian who prevails in an action described in
35 this section is entitled to:
36 (1) either:
37 (A) actual damages; or
38 (B) liquidated damages of one thousand dollars ($1,000);
39 (2) injunctive relief; and
40 (3) court costs, reasonable attorney's fees, and other
41 reasonable expenses of litigation, including expert witness
42 fees.
2024 IN 1063—LS 6531/DI 106 3
1 Sec. 10. (a) If an adult oriented website operator publishes an
2 adult oriented website in violation of section 8 of this chapter, or
3 violates section 11 of this chapter, the attorney general may bring
4 an action to seek injunctive relief.
5 (b) In addition to injunctive relief under subsection (a), if:
6 (1) the attorney general notifies the adult oriented website
7 operator in writing that the adult oriented website operator
8 is violating section 8 or 11 of this chapter; and
9 (2) the adult oriented website operator does not cure the
10 violation within thirty (30) days after receipt of the notice;
11 the attorney general may bring an action to impose a civil penalty
12 on the adult oriented website operator. If the trier of fact
13 determines that the adult oriented website operator violated
14 section 8 or 11 of this chapter, the court shall impose a civil penalty
15 of not more than five thousand dollars ($5,000) for each day of
16 violation.
17 Sec. 11. (a) This section applies to a person that uses or purports
18 to use a reasonable age verification method to grant or deny access
19 to an adult oriented website.
20 (b) A person to which this section applies may not:
21 (1) retain identifying information of an individual seeking
22 access to an adult oriented website, unless retention of the
23 identifying information is required by a court order;
24 (2) use identifying information of an individual seeking access
25 to an adult oriented website for any purpose other than age
26 verification; or
27 (3) collect information other than that which is reasonably
28 necessary for age verification.
29 (c) An individual whose identifying information is retained,
30 used, or collected in violation of this section may bring an action
31 against the person that unlawfully retained, used, or collected the
32 individual's identifying information. An individual who prevails in
33 an action described in this section is entitled to:
34 (1) either:
35 (A) actual damages; or
36 (B) liquidated damages of one thousand dollars ($1,000);
37 (2) injunctive relief; and
38 (3) court costs, reasonable attorney's fees, and other
39 reasonable expenses of litigation, including expert witness
40 fees.
2024 IN 1063—LS 6531/DI 106