103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4247
 
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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1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Online 
5Age Verification for Material Harmful to Minors Act.

6 Section 5. Definitions. As used in this Act:
7 "Interactive computer service" means an information

8service, system, or access software provider that provides or

9enables computer access by multiple users to a computer

10service. "Interactive computer service" includes a service or

11system that provides access to the Internet and systems

12operated or services offered by a library or educational

13institution.
14 "Material harmful to minors" means any description or 
15representation of nudity, sexual conduct, sexual excitement, 
16or sadomasochistic abuse when it (i) appeals to the prurient, 
17shameful, or morbid interest of minors; (ii) is patently 
18offensive to prevailing standards in the adult community as a 
19whole with respect to what is suitable material for minors; 
20and (iii) is, when taken as a whole, lacking in serious 
21literary, artistic, political, or scientific value for minors.
22 "Minor" means an individual under the age of 18 years.
23 "Sexual conduct" means actual or explicitly simulated acts 
 
 
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1of masturbation, sexual intercourse, or physical contact in an 
2act of apparent sexual stimulation or gratification with a 
3person's clothed or unclothed genitals, pubic area, buttocks, 
4or, if such be female, breast.
5 "Substantial portion" means more than 33 1/3% of total 
6material on a website that meets the definition of material 
7harmful to minors.

8 Section 10. Age verification for material harmful to 
9minors on the Internet. Any commercial entity that knowingly 
10or intentionally publishes or distributes material harmful to 
11minors on the Internet from a website that contains a 
12substantial portion of such material shall, through the use of 
13(i) a commercially available database that is regularly used 
14by businesses or governmental entities for the purpose of age 
15and identity verification or (ii) another commercially 
16reasonable method of age and identity verification, verify 
17that any person attempting to access such material harmful to 
18minors is 18 years of age or older.

19 Section 15. Civil liability. Any commercial entity that 
20violates the provisions of this Act shall be subject to civil 
21liability for damages resulting from a minor's access to such 
22material harmful to a minor and reasonable attorney's fees and 
23costs.

 
 
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1 Section 20. Exemption. Nothing in this Act shall be 
2construed to impose an obligation or liability on a provider 
3or user of an interactive computer service on the Internet.