SF 2105

as introduced - 94th Legislature (2025 - 2026) Posted on 03/04/2025 09:48am

A bill for an act
relating to consumer protection; requiring age verification for websites with material
harmful to minors; providing for enforcement by the attorney general; creating a
private right of action; 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.1791] AGE VERIFICATION FOR INTERNET CONTENT
HARMFUL TO MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Commercial entity" means a corporation, partnership, limited liability company,
limited liability partnership, limited partnership, sole proprietorship, or any other for-profit
organization.
new text end

new text begin (c) "Host" means to provide the technology and resources necessary to store and maintain
the electronic files and applications associated with a website on a computer server, in order
for the website to be accessible via the Internet. For purposes of this section, an Internet
service provider does not host a website.
new text end

new text begin (d) "Identifying information" means information that is linked or reasonably linkable to
an identified or identifiable natural person.
new text end

new text begin (e) "Interactive computer service" means an information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including (1) a service or system that provides access to the Internet, and (2) a system
operated or service offered by a library or educational institution.
new text end

new text begin (f) "Intimate part" means the genitals, pubic area, or anus of an individual. If the
individual is female, intimate parts includes a partially or fully exposed nipple.
new text end

new text begin (g) "Material harmful to minors" means a text, sound recording, image, video, or similar
representation or depiction that:
new text end

new text begin (1) the average person, applying contemporary community standards and evaluating the
material (i) as a whole, and (ii) with respect to minors, would determine is designed to
appeal to or pander to the prurient interest;
new text end

new text begin (2) in a manner patently offensive with respect to minors, exploits, is devoted to, or
principally consists of a representation or description of an actual, simulated, or animated
display or depiction of an intimate part, sexual contact, sexual penetration, bestiality,
sadomasochistic abuse, excretory function, exhibition, or other sexual act; and
new text end

new text begin (3) taken as a whole, lacks serious literary, artistic, political, or scientific value for
minors.
new text end

new text begin (h) "Sexual contact" means the intentional touching of an intimate part or intentional
touching with seminal fluid or sperm onto another person's body.
new text end

new text begin (i) "Sexual penetration" means any of the following acts:
new text end

new text begin (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
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new text begin (2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
new text end

new text begin (j) "Shares or distributes" means to display or present material or make material available
for download, with or without consideration.
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 commercial entity who knowingly (1) shares
or distributes material that is harmful to minors on a website where the material appears on
25 percent or more of the web pages viewed on the website in any calendar month, or (2)
hosts a website that meets the criteria under clause (1) must verify that an individual who
is a resident of Minnesota or who is located in Minnesota at the time of the attempted access
is 18 years of age or older.
new text end

new text begin (b) A commercial entity violates this section if the commercial entity allows an individual
to access a website identified under paragraph (a) without verifying that the individual is
18 years of age or older. Age verification must be conducted through the use of:
new text end

new text begin (1) a commercially available database that is regularly used by businesses or governmental
entities to verify age and identity; or
new text end

new text begin (2) any other commercially reasonable method to verify age and identity approved by
the commissioner of commerce.
new text end

new text begin (c) The commissioner of commerce may review and approve reliable methods to verify
age and identity used to comply with this section. The commissioner's approval under this
paragraph is not subject to the rulemaking provisions of chapter 14, and section 14.386 does
not apply.
new text end

new text begin Subd. 3. new text end

new text begin Data privacy. new text end

new text begin (a) A commercial entity that performs the age verification
required by subdivision 2 must not retain any identifying information submitted by an
individual to verify age.
new text end

new text begin (b) A commercial entity that knowingly retains identifying information of an individual
in violation of paragraph (a) is liable to the individual for damages resulting from the
retention, including reasonable attorney fees and costs as ordered by the court.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement; civil penalties. new text end

new text begin (a) A person who accesses a website without
verifying the person's age in violation of this section may report the violation to the attorney
general. Upon receipt of a report made under this paragraph, the attorney general must
investigate and may bring a civil enforcement action and recover the relief provided in
section 8.31. Each instance that a website is accessed in violation of this section constitutes
a separate violation.
new text end

new text begin (b) The parent or legal guardian of a minor who accesses a website without verifying
the minor's age in violation of this section may bring a civil action against the commercial
entity that violated this section to recover damages, together with costs and disbursements,
including reasonable attorney fees, and receive other equitable relief determined by the
court. In addition to any other damages and relief awarded, a commercial entity that violates
this section may be liable for a civil penalty of not more than $25,000 per violation.
new text end

new text begin Subd. 5. new text end

new text begin Limitations. new text end

new text begin This section does not impose an obligation or liability on an
Internet service provider or the user of an interactive computer service.
new text end