Pennsylvania SB 603: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in computer offenses, providing for Internet protections for minors.

Bill Text

PRINTER'S NO. 611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 603
Session of
2025
INTRODUCED BY DUSH, J. WARD, FONTANA AND STEFANO, APRIL 9, 2025
REFERRED TO JUDICIARY, APRIL 9, 2025
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.
§ 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.
"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,
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
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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) 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
(2) 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
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.
§ 7672. Age verification for certain publicly accessible
Internet websites.
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(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 t