1.1 A bill for an act
1.2 relating to consumer protection; requiring age verification for websites with material
1.3 harmful to minors; providing for enforcement by the attorney general; creating a
1.4 private right of action; proposing coding for new law in Minnesota Statutes, chapter
1.5 325F.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [325F.1791] AGE VERIFICATION FOR INTERNET CONTENT
1.8HARMFUL TO MINORS.
1.9 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.10the meanings given.
1.11 (b) "Commercial entity" means a corporation, partnership, limited liability company,
1.12limited liability partnership, limited partnership, sole proprietorship, or any other for-profit
1.13organization.
1.14 (c) "Host" means to provide the technology and resources necessary to store and maintain
1.15the electronic files and applications associated with a website on a computer server, in order
1.16for the website to be accessible via the Internet. For purposes of this section, an Internet
1.17service provider does not host a website.
1.18 (d) "Identifying information" means information that is linked or reasonably linkable to
1.19an identified or identifiable natural person.
1.20 (e) "Interactive computer service" means an information service, system, or access
1.21software provider that provides or enables computer access by multiple users to a computer
1.22server, including (1) a service or system that provides access to the Internet, and (2) a system
1.23operated or service offered by a library or educational institution.
1Section 1.
REVISOR RSI/DG 25-0249002/06/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1434
NINETY-FOURTH SESSION 2.1 (f) "Intimate part" means the genitals, pubic area, or anus of an individual. If the
2.2individual is female, intimate parts includes a partially or fully exposed nipple.
2.3 (g) "Material harmful to minors" means a text, sound recording, image, video, or similar
2.4representation or depiction that:
2.5 (1) the average person, applying contemporary community standards and evaluating the
2.6material (i) as a whole, and (ii) with respect to minors, would determine is designed to
2.7appeal to or pander to the prurient interest;
2.8 (2) in a manner patently offensive with respect to minors, exploits, is devoted to, or
2.9principally consists of a representation or description of an actual, simulated, or animated
2.10display or depiction of an intimate part, sexual contact, sexual penetration, bestiality,
2.11sadomasochistic abuse, excretory function, exhibition, or other sexual act; and
2.12 (3) taken as a whole, lacks serious literary, artistic, political, or scientific value for
2.13minors.
2.14 (h) "Sexual contact" means the intentional touching of an intimate part or intentional
2.15touching with seminal fluid or sperm onto another person's body.
2.16 (i) "Sexual penetration" means any of the following acts:
2.17 (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
2.18 (2) any intrusion, however slight, into the genital or anal openings of an individual by
2.19another's body part or an object used by another for this purpose.
2.20 (j) "Shares or distributes" means to display or present material or make material available
2.21for download, with or without consideration.
2.22 Subd. 2.Age verification required.(a) A commercial entity who knowingly (1) shares
2.23or distributes material that is harmful to minors on a website where the material appears on
2.2425 percent or more of the web pages viewed on the website in any calendar month, or (2)
2.25hosts a website that meets the criteria under clause (1) must verify that an individual who
2.26is a resident of Minnesota or who is located in Minnesota at the time of the attempted access
2.27is 18 years of age or older.
2.28 (b) A commercial entity violates this section if the commercial entity allows an individual
2.29to access a website identified under paragraph (a) without verifying that the individual is
2.3018 years of age or older. Age verification must be conducted through the use of:
2.31 (1) a commercially available database that is regularly used by businesses or governmental
2.32entities to verify age and identity; or
2Section 1.
REVISOR RSI/DG 25-0249002/06/25 3.1 (2) any other commercially reasonable method to verify age and identity approved by
3.2the commissioner of commerce.
3.3 (c) The commissioner of commerce may review and approve reliable methods to verify
3.4age and identity used to comply with this section. The commissioner's approval under this
3.5paragraph is not subject to the rulemaking provisions of chapter 14, and section 14.386 does
3.6not apply.
3.7 Subd. 3.Data privacy.(a) A commercial entity that performs the age verification
3.8required by subdivision 2 must not retain any identifying information submitted by an
3.9individual to verify age.
3.10 (b) A commercial entity that knowingly retains identifying information of an individual
3.11in violation of paragraph (a) is liable to the individual for damages resulting from the
3.12retention, including reasonable attorney fees and costs as ordered by the court.
3.13 Subd. 4.Enforcement; civil penalties.(a) A person who accesses a website without
3.14verifying the person's age in violation of this section may report the violation to the attorney
3.15general. Upon receipt of a report made under this paragraph, the attorney general must
3.16investigate and may bring a civil enforcement action and recover the relief provided in
3.17section 8.31. Each instance that a website is accessed in violation of this section constitutes
3.18a separate violation.
3.19 (b) The parent or legal guardian of a minor who accesses a website without verifying
3.20the minor's age in violation of this section may bring a civil action against the commercial
3.21entity that violated this section to recover damages, together with costs and disbursements,
3.22including reasonable attorney fees, and receive other equitable relief determined by the
3.23court. In addition to any other damages and relief awarded, a commercial entity that violates
3.24this section may be liable for a civil penalty of not more than $25,000 per violation.
3.25 Subd. 5.Limitations.This section does not impose an obligation or liability on an
3.26Internet service provider or the user of an interactive computer service.
3Section 1.
REVISOR RSI/DG 25-0249002/06/25