Relating to a minor’s ability to access obscene material on a distributor’s internet site or internet-based application, and providing civil penalties

This bill relates to a minor’s ability to access obscene material. The bill provides that if a distributor’s internet site or internet-based application contains obscene material, the distributor shall not knowingly allow a minor to access the internet site or internet-based application. Any person may institute a civil action for damages under this provision. The bill provides that the damages for a violation of this provision shall be $500 for each violation, and the prevailing party in the action shall recover court costs and reasonable attorney fees. The bill also provides an affirmative defense to any claim or action under the bill that a distributor required an individual accessing its internet site or internet-based application to provide to the distributor personal identification information verifying the individual was years of age or older when the individual accessed the internet site or internet-based application. The bill provides that it shall not be an affirmative defense to any claim or action under the bill that a minor accessed the distributor’s internet site or internet-based application from an accredited school, public library, community college, college, or university. The bill provides definitions as follows: “disseminate” means to transfer possession, with or without consideration; “distributor” means a person in this state who owns or operates an internet site or internet-based application; “minor” means a person under the age of 18; “obscene material” means any material depicting or describing the genitals, sex acts, masturbation, excretory functions, or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors, would find appeals to the prurient interest and is patently offensive, and the material, taken as a whole, lacks serious literary, scientific, political or artistic value; and “personal identification information” means an unexpired student identification card, a valid social security card, an unexpired driver’s license, an unexpired nonoperator’s identification card, an unexpired passport, a certified copy of a birth certificate, or other valid, unexpired proof of identity.