HB0043

Requires websites that provide material harmful to minors to implement age verification measures to prevent access by minors and establishes civil liability for violations.

• Defines key terms including 'covered platform' (entities operating websites that create, host, or make available material harmful to minors for profit), 'material harmful to minors' (obscene material or child pornography), and 'reasonable age verification measures' (driver's licenses, identification cards, passports, military cards, tribal cards, credit/debit cards, and other reliable age-determination methods). (W.S. 14-3-501)
• Requires covered platforms to perform reasonable age verification on all users accessing material harmful to minors and prevent minors from accessing such material. (W.S. 14-3-502(a))
• Prohibits covered platforms and third-party age verification providers from retaining identifying information of users after access to the material has been granted. (W.S. 14-3-502(b))
• Allows parents or guardians of minors to sue covered platforms on the minor's behalf for violations of age verification requirements. (W.S. 14-3-503(a))
• Allows any person to sue a covered platform for knowingly retaining identifying information after granting access. (W.S. 14-3-503(b))
• Establishes that covered platforms violating age verification requirements are liable for damages, court costs, and reasonable attorney fees. (W.S. 14-3-503(c))
• Awards successful plaintiffs damages of $5,000 per instance that a covered platform failed to perform age verification, with each failure to verify constituting a separate violation. (W.S. 14-3-503(e))
• Limits enforcement of the article exclusively to civil actions; prohibits state or political subdivision enforcement or threats except through private civil actions. (W.S. 14-3-503(h))
• Applies only to minors who are Wyoming permanent residents, have resided in Wyoming for more than one year, or have been present for at least thirty-one consecutive days. (W.S. 14-3-504(a))