Wyoming 2025 Regular Session

Wyoming House Bill HB0043 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL HOUSE
2		-	BILL NO. HB0043
3		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0269
	4	+	ENGROSSED
	5	+	1HB0043
	6	+	HOUSE BILL NO. HB0043
	7	+	Age verification for websites with harmful material.
	8	+	Sponsored by: Representative(s) Lawley, Andrew, Angelos,
	9	+	Banks, Connolly, Heiner, Knapp, Larson, JT
	10	+	and Neiman and Senator(s) Brennan, Crago,
	11	+	Hutchings, Jones, Olsen and Steinmetz
	12	+	A BILL
	13	+	for
	14	+	1 AN ACT relating to child protection; requiring age
	15	+	2 verification for visiting websites with material harmful to
	16	+	3 minors; specifying requirements and exceptions for age
	17	+	4 verification; specifying remedies, liability and damages;
	18	+	5 specifying applicability; and providing for an effective
	19	+	6 date.
	20	+	7
	21	+	8
	22	+	9
	23	+	10. W.S. 14-3-501 through 14-3-504 are created
	24	+	11 to read:
	25	+	12
	26	+	13 ARTICLE 5
	27	+	14 AGE VERIFICATION FOR WEBSITES WITH OBSCENE MATERIAL 2025STATE OF WYOMING25LSO-0269
	28	+	ENGROSSED
	29	+	2HB0043
6	30		1
7		-	AN ACT relating to child protection; requiring age
8		-	verification for visiting websites with material harmful to
9		-	minors; specifying requirements and exceptions for age
10		-	verification; specifying remedies, liability and damages;
11		-	specifying applicability; and providing for an effective
12		-	date.
13		-	Be It Enacted by the Legislature of the State of Wyoming:
14		-	Section 1. W.S. 14-3-501 through 14-3-504 are created
15		-	to read:
16		-	ARTICLE 5
17		-	AGE VERIFICATION FOR WEBSITES WITH OBSCENE MATERIAL
18		-	14-3-501. Definitions.
19		-	(a) As used in this article:
20		-	(i) "Access software provider" means a provider
21		-	of software, including client or server software, or
22		-	enabling tools that do any one (1) or more of the
23		-	following:
24		-	(A) Filter, screen, allow or disallow
25		-	content;
26		-	(B) Pick, choose, analyze or digest
27		-	content;
28		-	(C) Transmit, receive, display, forward,
29		-	cache, search, subset, organize, reorganize or translate
30		-	content. ORIGINAL HOUSE
31		-	BILL NO. HB0043
32		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
33		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
34		-	2025 GENERAL SESSION
35		-	2(ii) "Child pornography" means as defined by
36		-	W.S. 6-4-303(a)(ii);
37		-	(iii) "Covered platform" means an entity that
38		-	operates a website that, in the regular course of business,
39		-	creates, hosts or makes available content that is material
40		-	harmful to minors that is provided by the entity, a user or
41		-	other information content provider for purposes of making a
42		-	profit. "Covered platform" includes an entity described in
43		-	this paragraph regardless of whether the entity:
44		-	(A) Earns a profit on the activities
45		-	described in this paragraph; or
46		-	(B) Creates, hosts, or makes available
47		-	content that is material harmful to minors as the sole
48		-	source of income or principal business of the entity.
49		-	(iv) "Interactive computer service" means any
50		-	information service, system or access software provider
51		-	that provides or enables computer access by multiple users
52		-	to a computer server, including specifically a service or
53		-	system that provides access to the internet and systems
54		-	operated or services offered by libraries or educational
55		-	institutions;
56		-	(v) "Information content provider" means any
57		-	person that is responsible, in whole or in part, for the
58		-	creation or development of information provided through the
59		-	internet or any other interactive computer service;
60		-	(vi) "Material harmful to minors" means any
61		-	picture, image, graphic image file, film, videotape or
62		-	other visual depiction that is obscene or is child
63		-	pornography; ORIGINAL HOUSE
64		-	BILL NO. HB0043
65		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
66		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
67		-	2025 GENERAL SESSION
	31	+	2
68	32		3
69		-	(vii) "Minor" means a person who has not
70		-	attained the age of eighteen (18) years;
71		-	(viii) "Obscene" means as defined by W.S.
72		-	6-4-301(a)(iii);
73		-	(ix) "Reasonable age verification measures"
74		-	include:
75		-	(A) A Wyoming driver's license as defined
76		-	by W.S. 31-7-102(a)(xxv);
77		-	(B) A Wyoming identification card issued
78		-	under W.S. 31-8-101;
79		-	(C) A valid United States passport;
80		-	(D) A United States military card;
81		-	(E) A tribal identification card;
82		-	(F) A driver's license or identification
83		-	card issued by any state or outlying possession of the
84		-	United States;
85		-	(G) A credit card, except for cards that do
86		-	not require the person in ownership of the credit card
87		-	account to be eighteen (18) years of age or older;
88		-	(H) A debit card, except for cards that do
89		-	not require the person in ownership of the debit card
90		-	account to be eighteen (18) years of age or older; ORIGINAL HOUSE
91		-	BILL NO. HB0043
92		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
93		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
94		-	2025 GENERAL SESSION
95		-	4 (J) Any other means or method that reliably
96		-	and accurately can determine whether a user of a covered
97		-	platform is a minor.
98		-	14-3-502. Covered platforms with material harmful to
99		-	minors; age verification; exceptions.
100		-	(a) Except as otherwise provided in W.S. 14-3-504,
101		-	any covered platform shall perform reasonable age
102		-	verification methods to verify the age of all persons
103		-	accessing or attempting to access the material and shall
104		-	prevent access by minors to the material.
105		-	(b) Any covered platform or third party that performs
106		-	the required age verification shall not retain any
107		-	identifying information of the person after access has been
108		-	granted to the material.
109		-	14-3-503. Covered platforms; age verification;
110		-	liability; limitations.
111		-	(a) Any parent or guardian of a minor who is
112		-	aggrieved by a violation of W.S. 14-3-502 shall have a
113		-	cause of action on the minor's behalf against the covered
114		-	platform that violated W.S. 14-3-502.
115		-	(b) Any person may bring a civil action against a
116		-	covered platform for knowingly retaining identifying
117		-	information of the person after access to the material
118		-	harmful to minors has been granted to the person in
119		-	violation of W.S. 14-3-502.
120		-	(c) Any covered platform that violates W.S. 14-3-502
121		-	shall be liable to a person for damages, including those ORIGINAL HOUSE
122		-	BILL NO. HB0043
123		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
124		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
125		-	2025 GENERAL SESSION
	33	+	4 (a) As used in this article:
126	34		5
127		-	defined in this section, court costs and reasonable
128		-	attorney fees.
129		-	(d) A covered platform that is found to have
130		-	knowingly retained identifying information of a person in
131		-	violation of W.S. 14-3-502(b) after access to the covered
132		-	platform has been granted to the person shall be liable to
133		-	the person for damages for retaining the identifying
134		-	information, including court costs and reasonable attorney
135		-	fees.
136		-	(e) A plaintiff who brings a successful cause of
137		-	action under subsection (a) of this section shall, in
138		-	addition to the damages specified in subsection (c) of this
139		-	section, receive damages in an amount of five thousand
140		-	dollars ($5,000.00) for each instance that the covered
141		-	platform failed to perform reasonable age verification
142		-	methods to restrict a minor's access to material harmful to
143		-	minors. For purposes of this subsection, each failure to
144		-	perform age verification shall constitute a separate
145		-	violation.
146		-	(f) A person may bring an action under this section
147		-	regardless of whether another court has declared any
148		-	provision of this article unconstitutional unless that
149		-	court decision is binding on the court in which the action
150		-	is brought.
151		-	(g) No covered platform or information content
152		-	provider shall be entitled to assert that the outcome of
153		-	any previous litigation involving other parties, wherever
154		-	that litigation may have occurred, is a bar to any cause of
155		-	action authorized by this section.
156		-	(h) Notwithstanding any other provision of law: ORIGINAL HOUSE
157		-	BILL NO. HB0043
158		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
159		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
160		-	2025 GENERAL SESSION
	35	+	6 (i) "Access software provider" means a provider
	36	+	7 of software, including client or server software, or
	37	+	8 enabling tools that do any one (1) or more of the
	38	+	9 following:
	39	+	10
	40	+	11 (A) Filter, screen, allow or disallow
	41	+	12 content;
	42	+	13
	43	+	14 (B) Pick, choose, analyze or digest
	44	+	15 content;
	45	+	16
	46	+	17 (C) Transmit, receive, display, forward,
	47	+	18 cache, search, subset, organize, reorganize or translate
	48	+	19 content.
	49	+	20
	50	+	21 (ii) "Child pornography" means as defined by
	51	+	22 W.S. 6-4-303(a)(ii);
	52	+	23 2025STATE OF WYOMING25LSO-0269
	53	+	ENGROSSED
	54	+	3HB00431 (iii) "Covered platform" means an entity that
	55	+	2 operates a website that, in the regular course of business,
	56	+	3 creates, hosts or makes available content that is material
	57	+	4 harmful to minors that is provided by the entity, a user or
	58	+	5 other information content provider for purposes of making a
	59	+	6 profit. "Covered platform" includes an entity described in
	60	+	7 this paragraph regardless of whether the entity:
	61	+	8
	62	+	9 (A) Earns a profit on the activities
	63	+	10 described in this paragraph; or
	64	+	11
	65	+	12 (B) Creates, hosts, or makes available
	66	+	13 content that is material harmful to minors as the sole
	67	+	14 source of income or principal business of the entity.
	68	+	15
	69	+	16 (iv) "Interactive computer service" means any
	70	+	17 information service, system or access software provider
	71	+	18 that provides or enables computer access by multiple users
	72	+	19 to a computer server, including specifically a service or
	73	+	20 system that provides access to the internet and systems
	74	+	21 operated or services offered by libraries or educational
	75	+	22 institutions;
	76	+	23 2025STATE OF WYOMING25LSO-0269
	77	+	ENGROSSED
	78	+	4HB00431 (v) "Information content provider" means any
	79	+	2 person that is responsible, in whole or in part, for the
	80	+	3 creation or development of information provided through the
	81	+	4 internet or any other interactive computer service;
	82	+	5
	83	+	6 (vi) "Material harmful to minors" means any
	84	+	7 picture, image, graphic image file, film, videotape or
	85	+	8 other visual depiction that is obscene or is child
	86	+	9 pornography;
	87	+	10
	88	+	11 (vii) "Minor" means a person who has not
	89	+	12 attained the age of eighteen (18) years;
	90	+	13
	91	+	14 (viii) "Obscene" means as defined by W.S.
	92	+	15 6-4-301(a)(iii);
	93	+	16
	94	+	17 (ix) "Reasonable age verification measures"
	95	+	18 include:
	96	+	19
	97	+	20 (A) A Wyoming driver's license as defined
	98	+	21 by W.S. 31-7-102(a)(xxv);
	99	+	22 2025STATE OF WYOMING25LSO-0269
	100	+	ENGROSSED
	101	+	5HB00431 (B) A Wyoming identification card issued
	102	+	2 under W.S. 31-8-101;
	103	+	3
	104	+	4 (C) A valid United States passport;
	105	+	5
	106	+	6 (D) A United States military card;
	107	+	7
	108	+	8 (E) A tribal identification card;
	109	+	9
	110	+	10 (F) A driver's license or identification
	111	+	11 card issued by any state or outlying possession of the
	112	+	12 United States;
	113	+	13
	114	+	14 (G) A credit card, except for cards that do
	115	+	15 not require the person in ownership of the credit card
	116	+	16 account to be eighteen (18) years of age or older;
	117	+	17
	118	+	18 (H) A debit card, except for cards that do
	119	+	19 not require the person in ownership of the debit card
	120	+	20 account to be eighteen (18) years of age or older;
	121	+	21 2025STATE OF WYOMING25LSO-0269
	122	+	ENGROSSED
	123	+	6HB00431 (J) Any other means or method that reliably
	124	+	2 and accurately can determine whether a user of a covered
	125	+	3 platform is a minor.
	126	+	4
	127	+	5
161	128		6
162		-	(i) Violations of W.S. 14-3-502 shall be
163		-	enforced exclusively through the civil actions provided in
164		-	this section;
165		-	(ii) No direct or indirect enforcement of this
166		-	article shall be taken or threatened by the state or any
167		-	other political subdivision of the state against any person
168		-	in any manner whatsoever except as provided in this
169		-	section.
170		-	(j) Except as provided in subsection (k) of this
171		-	section, any waiver, purported waiver or estoppel of a
172		-	person's right to bring an action as provided under this
173		-	section shall be void as unlawful and against public
174		-	policy. No court or arbitrator shall enforce or give effect
175		-	to a waiver or estoppel, notwithstanding any choice-of-law
176		-	provision or other provision in any contract or other
177		-	agreement.
178		-	(k) The prohibition in subsection (j) of this section
179		-	shall not apply to contractual waivers to the extent that
180		-	the application of the prohibition in subsection (j) of
181		-	this section would impair a contract or contract obligation
182		-	in violation of the constitutions of the United States or
183		-	Wyoming.
184		-	14-3-504. Covered platforms; age verification;
185		-	applicability and exceptions.
186		-	(a) This article shall apply only to minors who:
187		-	(i) Are permanent residents of Wyoming; ORIGINAL HOUSE
188		-	BILL NO. HB0043
189		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
190		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
191		-	2025 GENERAL SESSION
192		-	7(ii) Have resided in Wyoming for more than one
193		-	(1) year; or
194		-	(iii) Have been sojourning or present in Wyoming
195		-	for not less than thirty-one (31) consecutive days.
196		-	(b) This article shall not:
197		-	(i) Apply to any internet service provider, any
198		-	affiliate or subsidiary of an internet service provider,
199		-	any general purpose search engine or cloud service
200		-	provider;
201		-	(ii) Subject a covered platform to any cause of
202		-	action or liability to the extent the covered platform is
203		-	protected from liability or causes of action under federal
204		-	law;
205		-	(iii) Excuse any person from any other legal
206		-	duties arising from compliance with this article or relieve
207		-	any person from any other available legal remedies;
208		-	(iv) Apply in cases to the extent the article
209		-	would violate the commerce clause of the United States
210		-	Constitution.
211		-	(c) Any contract, agreement or other arrangement made
212		-	or entered in violation of this article shall be contrary
213		-	to law and public policy and shall be void and
214		-	unenforceable.
215		-	Section 2. Nothing in this act shall be construed to
216		-	impair or alter any contract, obligation or other agreement
217		-	entered into before the effective date of this act. ORIGINAL HOUSE
218		-	BILL NO. HB0043
219		-	ENROLLED ACT NO. 70, HOUSE OF REPRESENTATIVES
220		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
221		-	2025 GENERAL SESSION
222		-	8Section 3. This act is effective July 1, 2025.
223		-	(END)
224		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
225		-	I hereby certify that this act originated in the House.
226		-	Chief Clerk
	129	+	7
	130	+	8 (a) Except as otherwise provided in W.S. 14-3-504,
	131	+	9 any covered platform shall perform reasonable age
	132	+	10 verification methods to verify the age of all persons
	133	+	11 accessing or attempting to access the material and shall
	134	+	12 prevent access by minors to the material.
	135	+	13
	136	+	14 (b) Any covered platform or third party that performs
	137	+	15 the required age verification shall not retain any
	138	+	16 identifying information of the person after access has been
	139	+	17 granted to the material.
	140	+	18
	141	+	19
	142	+	20
	143	+	21
	144	+	22 (a) Any parent or guardian of a minor who is
	145	+	23 aggrieved by a violation of W.S. 14-3-502 shall have a 2025STATE OF WYOMING25LSO-0269
	146	+	ENGROSSED
	147	+	7HB0043
	148	+	1 cause of action on the minor's behalf against the covered
	149	+	2 platform that violated W.S. 14-3-502.
	150	+	3
	151	+	4 (b) Any person may bring a civil action against a
	152	+	5 covered platform for knowingly retaining identifying
	153	+	6 information of the person after access to the material
	154	+	7 harmful to minors has been granted to the person in
	155	+	8 violation of W.S. 14-3-502.
	156	+	9
	157	+	10 (c) Any covered platform that violates W.S. 14-3-502
	158	+	11 shall be liable to a person for damages, including those
	159	+	12 defined in this section, court costs and reasonable
	160	+	13 attorney fees.
	161	+	14
	162	+	15 (d) A covered platform that is found to have
	163	+	16 knowingly retained identifying information of a person in
	164	+	17 violation of W.S. 14-3-502(b) after access to the covered
	165	+	18 platform has been granted to the person shall be liable to
	166	+	19 the person for damages for retaining the identifying
	167	+	20 information, including court costs and reasonable attorney
	168	+	21 fees.
	169	+	22 2025STATE OF WYOMING25LSO-0269
	170	+	ENGROSSED
	171	+	8HB00431 (e) A plaintiff who brings a successful cause of
	172	+	2 action under subsection (a) of this section shall, in
	173	+	3 addition to the damages specified in subsection (c) of this
	174	+	4 section, receive damages in an amount of five thousand
	175	+	5 dollars ($5,000.00) for each instance that the covered
	176	+	6 platform failed to perform reasonable age verification
	177	+	7 methods to restrict a minor's access to material harmful to
	178	+	8 minors. For purposes of this subsection, each failure to
	179	+	9 perform age verification shall constitute a separate
	180	+	10 violation.
	181	+	11
	182	+	12 (f) A person may bring an action under this section
	183	+	13 regardless of whether another court has declared any
	184	+	14 provision of this article unconstitutional unless that
	185	+	15 court decision is binding on the court in which the action
	186	+	16 is brought.
	187	+	17
	188	+	18 (g) No covered platform or information content
	189	+	19 provider shall be entitled to assert that the outcome of
	190	+	20 any previous litigation involving other parties, wherever
	191	+	21 that litigation may have occurred, is a bar to any cause of
	192	+	22 action authorized by this section.
	193	+	23 2025STATE OF WYOMING25LSO-0269
	194	+	ENGROSSED
	195	+	9HB00431 (h) Notwithstanding any other provision of law:
	196	+	2
	197	+	3 (i) Violations of W.S. 14-3-502 shall be
	198	+	4 enforced exclusively through the civil actions provided in
	199	+	5 this section;
	200	+	6
	201	+	7 (ii) No direct or indirect enforcement of this
	202	+	8 article shall be taken or threatened by the state or any
	203	+	9 other political subdivision of the state against any person
	204	+	10 in any manner whatsoever except as provided in this
	205	+	11 section.
	206	+	12
	207	+	13 (j) Except as provided in subsection (k) of this
	208	+	14 section, any waiver, purported waiver or estoppel of a
	209	+	15 person's right to bring an action as provided under this
	210	+	16 section shall be void as unlawful and against public
	211	+	17 policy. No court or arbitrator shall enforce or give effect
	212	+	18 to a waiver or estoppel, notwithstanding any choice-of-law
	213	+	19 provision or other provision in any contract or other
	214	+	20 agreement.
	215	+	21
	216	+	22 (k) The prohibition in subsection (j) of this section
	217	+	23 shall not apply to contractual waivers to the extent that 2025STATE OF WYOMING25LSO-0269
	218	+	ENGROSSED
	219	+	10HB0043
	220	+	1 the application of the prohibition in subsection (j) of
	221	+	2 this section would impair a contract or contract obligation
	222	+	3 in violation of the constitutions of the United States or
	223	+	4 Wyoming.
	224	+	5
	225	+	6
	226	+	7
	227	+	8
	228	+	9 (a) This article shall apply only to minors who:
	229	+	10
	230	+	11 (i) Are permanent residents of Wyoming;
	231	+	12
	232	+	13 (ii) Have resided in Wyoming for more than one
	233	+	14 (1) year; or
	234	+	15
	235	+	16 (iii) Have been sojourning or present in Wyoming
	236	+	17 for not less than thirty-one (31) consecutive days.
	237	+	18
	238	+	19 (b) This article shall not:
	239	+	20
	240	+	21 (i) Apply to any internet service provider, any
	241	+	22 affiliate or subsidiary of an internet service provider, 2025STATE OF WYOMING25LSO-0269
	242	+	ENGROSSED
	243	+	11HB0043
	244	+	1 any general purpose search engine or cloud service
	245	+	2 provider;
	246	+	3
	247	+	4 (ii) Subject a covered platform to any cause of
	248	+	5 action or liability to the extent the covered platform is
	249	+	6 protected from liability or causes of action under federal
	250	+	7 law;
	251	+	8
	252	+	9 (iii) Excuse any person from any other legal
	253	+	10 duties arising from compliance with this article or relieve
	254	+	11 any person from any other available legal remedies;
	255	+	12
	256	+	13 (iv) Apply in cases to the extent the article
	257	+	14 would violate the commerce clause of the United States
	258	+	15 Constitution.
	259	+	16
	260	+	17 (c) Any contract, agreement or other arrangement made
	261	+	18 or entered in violation of this article shall be contrary
	262	+	19 to law and public policy and shall be void and
	263	+	20 unenforceable.
	264	+	21 2025STATE OF WYOMING25LSO-0269
	265	+	ENGROSSED
	266	+	12HB00431
	267	+	2 impair or alter any contract, obligation or other agreement
	268	+	3 entered into before the effective date of this act.
	269	+	4
	270	+	5. This act is effective July 1, 2025.
	271	+	6
	272	+	7 (END)