HF 2895

as introduced - 91st Legislature (2019 - 2020) Posted on 05/19/2019 11:30pm

A bill for an act
relating to commerce; requiring age verification to view pornography online;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.6945] AGE VERIFICATION REQUIREMENTS; ADULT
CONTENT AND VIDEO.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meaning given.
new text end

new text begin (b) "Commercial basis" means produced (i) for sale, or (ii) for distribution with
advertisements or other offers to generate revenue in connection with the website content.
new text end

new text begin (c) "Pornographic material" means material included in a video, still image, or series of
images, with or without sound, that is reasonably assumed from its nature to be produced
solely or principally for sexual arousal.
new text end

new text begin Subd. 2. new text end

new text begin Age verification required. new text end

new text begin (a) A provider of online pornographic material that
makes available pornographic material to persons in Minnesota on a commercial basis must
verify the age of the individual viewing or purchasing pornographic material.
new text end

new text begin (b) A provider of pornographic material that makes available pornographic material on
the Internet must ensure the pornographic material on the provider's website is not accessible
to an individual under the age of 18, and must use age verification software and other identity
verification consistent with industry best practices and subject to subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin The commissioner of commerce must issue guidelines regarding
the use of age verification software and online identity verification to guide companies
providing pornographic material to consumers in Minnesota. The commissioner may issue
a civil penalty of up to $10,000 for each violation of subdivision 2 by a person that provides
pornographic material on a commercial basis in Minnesota.
new text end