Pennsylvania HB 1513: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in computer offenses, providing for liability for Internet publishers and distributors of material harmful to minors.

Bill Text

PRINTER'S NO. 1769
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1513
Session of
2025
INTRODUCED BY COOPER, CEPEDA-FREYTIZ, FLICK, KAUFFMAN,
LEADBETER, KUZMA, GILLEN, OWLETT, PUGH, DALEY, BANTA, ROWE,
FLEMING, SHUSTERMAN, GUENST, SAPPEY, WEBSTER, WAXMAN, FRIEL,
BOROWSKI AND SCOTT, MAY 28, 2025
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
MAY 29, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in computer offenses, providing for
liability for Internet publishers and distributors of
material harmful to minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Subchapter E heading of Chapter 76 of Title 18 of
the Pennsylvania Consolidated Statutes is amended to read:
SUBCHAPTER E
ELECTRONIC MAIL AND WEBSITE MATERIAL
Section 2. Title 18 is amended by adding a section to read:
§ 7662. Liability for Internet publishers and distributors of
material harmful to minors.
(a) Duty of commercial entities.--A commercial entity that
knowingly and intentionally publishes or distributes material
harmful to minors on the Internet from a website that contains a
substantial portion of such material shall be held liable if the
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entity fails to perform reasonable age verification measures to
verify the age of individuals attempting to access the material.
(b) Prohibited conduct.--A commercial entity described in
subsection (a) or a third party that provides reasonable age
verification measures under subsection (a) may not:
(1) keep or retain the personal identifying information
of an individual who accesses or views or attempts to access
or view material harmful to minors; or
(2) share the personal identifying information of an
individual who accesses or views or attempts to access or
view material harmful to minors with another person.
(c) Recovery authorized.--A court of competent jurisdiction
may award the following damages for a violation of subsection
(a), when a minor accesses or views the material harmful to
minors, or subsection (b):
(1) Treble damages arising from the violation or
$10,000, whichever is greater.
(2) Reasonable attorney fees and court costs.
(3) Injunctive relief sufficient to prevent the
defendant from a continued violation of subsection (a).
(4) Additional relief the court deems necessary and
proper.
(d) Exception.--An Internet service provider, affiliate or
subsidiary of an Internet service provider, search engine or
cloud service provider does not violate this section solely by
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 provider's control, including
transmission, downloading, storing or providing access to the
extent that the Internet service provider does not create the
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content of the communication that constitutes material harmful
to minors.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Commercial entity." A corporation, limited liability
company, partnership, limited partnership, sole proprietorship
or other legally recognized entity that:
(1) is engaged in commerce in this Commonwealth; or
(2) purposefully avails itself of the market of this
Commonwealth or a portion of the market.
"Digital identification." Information stored on a digital
network that may be accessed by a commercial entity and serves
as proof of the identity of the individual.
"Distribute." To issue, sell, give, provide, deliver,
transfer, transmute, circulate or disseminate by any means.
"Harmful to minors." As defined in section 5903(e)(6)
(relating to obscene and other sexual materials and
performances).
"Minor." An individual who is under 18 years of age.
"Publish." To communicate or make information available to
another individual or entity on a publicly accessible Internet
website.
"Reasonable age verification measure." Technology that:
(1) employs a system or process to determine whether it
is more likely than not that a user attempting to access
content on a website is an adult; and
(2) prevents access by minors to any content that is
harmful to minors.
"Substantial portion." More than 33 1/3% of total material
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on a website, which meets the definition of "harmful to minors."
"System or process." A process by which a user furnishes a
copy of one or more of the following documents or information to
verify the user's age:
(1) government identity document, including a driver's
license, military identification card, passport or
certificate of naturalization;
(2) digital identification;
(3) bank account information; or
(4) any other docu