PRINTER'S NO. 1867
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1313
Session of
2024
INTRODUCED BY DUSH, PENNYCUICK AND DiSANTO, SEPTEMBER 12, 2024
REFERRED TO JUDICIARY, SEPTEMBER 12, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in computer offenses, providing for
Internet protections for minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 76 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
INTERNET PROTECTIONS FOR MINORS
Sec.
7671. Definitions.
7672. Age verification for certain publicly accessible Internet
websites.
ยง 7671. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commercial entity." A corporation, limited liability
company, partnership, sole proprietorship or other legally
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recognized entity that has a publicly accessible Internet
website on which the publicly accessible Internet website has a
substantial portion of material that is harmful to minors.
"Digitized identification card." A data file available on a
mobile device which has connectivity to the Internet through a
State-approved application that allows the mobile device to
download the data file from a State agency or an authorized
agent of a State agency that contains all of the data elements
visible on the face and back of a license or identification card
and displays the current status of the license or identification
card.
"Distributes." To issue, sell, give, provide, deliver,
transfer, transmute, circulate or disseminate by any means.
"Internet." The term shall mean the same as in section 7621
(relating to definitions).
"Material harmful to minors." The following:
(1) material that the average person, applying
contemporary community standards, would find, taking the
material as a whole and with respect to minors, is designed
to appeal to, or is designed to pander to, the prurient
interest;
(2) material that exploits, is devoted to or principally
consists of descriptions of actual, simulated or animated
display or depiction of any of the following, in a manner
patently offensive with respect to minors:
(i) pubic hair, anus, vulva, genitals or nipple of
the female breast;
(ii) touching, caressing or fondling of nipples,
breasts, buttocks, anuses or genitals; and
(iii) sexual intercourse, masturbation, sodomy,
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bestiality, oral copulation, flagellation, excretory
functions, exhibitions or any other sexual act; or
(3) material that taken as a whole lacks serious
literary, artistic, political or scientific value for minors.
"Minor." An individual under 18 years of age.
"News-gathering organization." One of the following:
(1) an employee of a newspaper, news publication or news
source, printed or on an online or mobile platform, of
current news and public interest while operating as an
employee who can provide documentation of employment with the
newspaper, news publication or news source; or
(2) an employee of a radio broadcast station, television
broadcast station, cable television operator or wire service
while operating as an employee who can provide documentation
of employment.
"Publish." To communicate or make information available to
another person on a publicly accessible Internet website.
"Reasonable age verification method." The following:
(1) use of a digitized identification card;
(2) verification through an independent, third-party age
verification service that compares the personal information
entered by the individual who is seeking access to the
material that is available from a commercially available
database or aggregate of databases that is regularly used by
government agencies and businesses for the purpose of age and
identity verification; or
(3) any commercially reasonable method that relies on
public or private transactional data to verify the age of the
person attempting to access the material.
"Substantial portion." More than 33.3% of total material on
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the publicly accessible Internet website is material harmful to
minors.
"Transactional data." A sequence of information that
documents an exchange, agreement or transfer between an
individual, commercial entity or third party used for the
purpose of satisfying a request or event. The term includes
records from mortgage, education and employment entities.
ยง 7672. Age verification for certain publicly accessible
Internet websites.
(a) Duty of commercial entity.--A commercial entity that
knowingly and intentionally publishes or distributes material
harmful to minors on a publicly accessible Internet website that
contains a substantial portion of material that is harmful to
minors on the website shall perform reasonable age verification
methods to verify the age of an individual accessing the
publicly accessible Internet website. A commercial entity or
third party that performs the required age verification shall
not retain identifying information of the individual accessing
the publicly accessible Internet website that contains material
harmful to minors.
(b) Violations.--
(1) A commercial entity that is found to have violated
this section shall be liable to an individual for damages
resulting from a minor accessing material harmful to minors
on the publicly accessible Internet website, including court
costs and reasonable attorney fees as ordered by the court.
(2) A commercial entity that is found to have knowingly
retained identifying information of an individual after
access has been granted to the individual shall be liable to
the individual for damages resulting from retaining the
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identifying information, including court costs and reasonable
attorney fees as ordered by the court.
(c) Exception.--
(1) This section shall not apply to a bona fide news or
public interest broadcast, website video, report or event and
shall not be construed to affect the rights of news-gathering
organizations.
(2) No Internet service provider, affiliate or
subsidiary of an Internet service provider, search engine or
cloud service provider shall be liable for a violation of
this section solely for providing access or connection to or
from a website or other information or content on the
Internet, or a facility, system or network not under that
Internet service provider's control, including transmitting,
downloading, storing or providing access, to the extent that
the provider is not responsible for the creation of the
content of the communication that constitutes material
harmful to minors.
Section 2. This act shall take effect in 90 days.
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