Bill Text: IL HB1103 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Online Age Verification for Material Harmful to Minors Act. Requires any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material to verify that any person attempting to access such material is 18 years of age or older. Provides that verification must be done through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification. Provides that any commercial entity that violates the Act shall be subject to civil liability for damages resulting from a minor's access to such material harmful to a minor and reasonable attorney's fees and costs. Exempts from liability providers or users of an interactive computer service on the Internet, as defined.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB1103 Detail]

Download: Illinois-2025-HB1103-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1103 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
New Act
Creates the Online Age Verification for Material Harmful to Minors Act. Requires any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material to verify that any person attempting to access such material is 18 years of age or older. Provides that verification must be done through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification. Provides that any commercial entity that violates the Act shall be subject to civil liability for damages resulting from a minor's access to such material harmful to a minor and reasonable attorney's fees and costs. Exempts from liability providers or users of an interactive computer service on the Internet, as defined.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Online
Age Verification for Material Harmful to Minors Act.
Section 5. Definitions. As used in this Act:
"Interactive computer service" means an information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer
service. "Interactive computer service" includes a service or
system that provides access to the Internet and systems
operated or services offered by a library or educational
institution.
"Material harmful to minors" means any description or
representation of nudity, sexual conduct, sexual excitement,
or sadomasochistic abuse when it (i) appeals to the prurient,
shameful, or morbid interest of minors; (ii) is patently
offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors;
and (iii) is, when taken as a whole, lacking in serious
literary, artistic, political, or scientific value for minors.
"Minor" means an individual under the age of 18 years.
"Sexual conduct" means actual or explicitly simulated acts

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of masturbation, sexual intercourse, or physical contact in an
act of apparent sexual stimulation or gratification with a
person's clothed or unclothed genitals, pubic area, buttocks,
or, if such be female, breast.
"Substantial portion" means more than 33 1/3% of total
material on a website that meets the definition of material
harmful to minors.
Section 10. Age verification for material harmful to
minors on the Internet. Any commercial entity that knowingly
or intentionally publishes or distributes material harmful to
minors on the Internet from a website that contains a
substantial portion of such material shall, through the use of
(i) a commercially available database that is regularly used
by businesses or governmental entities for the purpose of age
and identity verification or (ii) another commercially
reasonable method of age and identity verification, verify
that any person attempting to access such material harmful to
minors is 18 years of age or older.
Section 15. Civil liability. Any commercial entity that
violates the provisions of this Act shall be subject to civil
liability for damages resulting from a minor's access to such
material harmful to a minor and reasonable attorney's fees and
costs.

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