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West VirginiaHB 44122026 Regular SessionHouseWALLET

Require certain websites to utilize age verification methods to prevent minors from accessing content

Sponsored By: Geno Chiarelli (Republican)

Signed by Governor

§49A-1-101§49A-1-102§49A-1-103§49A-1-104§49A-1-105§49A-1-106§49A-1-107

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Parents can sue sites that skip checks

Beginning June 12, 2026, a minor, parent, or guardian can sue a site that has over one‑third harmful sexual content and skips reasonable age checks. Courts can award $10,000 per incident, plus actual damages, court costs, and attorney fees. You can also sue if a site keeps, uses, shares, or sells your identifying information after access is granted. You have five years from when you discover the violation. No damages are allowed for conduct before June 12, 2026.

Age checks and privacy for adult sites

Beginning June 12, 2026, commercial websites and apps with sexual material harmful to minors must verify users are 18 or older. Sites can use a digital ID or a commercial or government system, such as a government ID or trusted transaction data. Sites and third‑party verifiers cannot keep identifying info collected for the age check after granting access. They must follow NIST‑aligned best practices to limit and protect shared data. The Office of Technology sets detailed rules and may require verification agents to have a U.S. main office.

Ban and penalties for obscene online content

Beginning June 12, 2026, businesses may not knowingly publish or share obscene content or any content that depicts, describes, or promotes child pornography online. The Attorney General can sue to stop violations and recover civil penalties and fees. Courts may fine $10,000 per day the site runs in violation and $10,000 per illegal data‑retention instance, and add up to $250,000 if minors accessed the material. Judges set penalty amounts based on seriousness, past violations, deterrence, economic impact, and whether the business knew it was violating. Individuals may also seek damages and attorney fees if a site knowingly distributes obscene or child‑pornographic material.

Carve-outs for news and internet providers

The law does not apply to bona fide news‑gathering organizations or public‑interest broadcasts. Internet service providers, search engines, app stores, web browsers, and cloud providers are not liable when they only transmit, host, or connect to content they did not create.

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Sponsors & Cosponsors

Sponsor

  • Geno Chiarelli

    Republican • House

Cosponsors

  • Joe Funkhouser

    Republican • House

  • Scot C. Heckert

    Republican • House

  • Jonathan Pinson

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 257 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 685)

Yes: 33 • No: 0

House vote • 3/14/2026

House concurred in Senate amend with amend, passed bill (Roll No. 599)

Yes: 96 • No: 0

Senate vote • 3/10/2026

Passed Senate with amended title (Roll No. 397)

Yes: 34 • No: 0

House vote • 2/12/2026

Passed House (Roll No. 81)

Yes: 94 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House concurred in Senate amend with amend, passed bill (Roll No. 599)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. House Message received

    3/14/2026Senate

  7. Senate concurred in House amendments and passed bill (Roll No. 685)

    3/14/2026Senate

  8. Communicated to House

    3/14/2026Senate

  9. Completed legislative action

    3/14/2026Senate

  10. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  11. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  12. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  13. On 3rd reading

    3/10/2026Senate

  14. Read 3rd time

    3/10/2026Senate

  15. Passed Senate with amended title (Roll No. 397)

    3/10/2026Senate

  16. Senate requests House to concur

    3/10/2026Senate

  17. On 2nd reading

    3/9/2026Senate

  18. Read 2nd time

    3/9/2026Senate

  19. Committee amendment adopted (Voice vote)

    3/9/2026Senate

  20. On 1st reading

    3/6/2026Senate

  21. Read 1st time

    3/6/2026Senate

  22. Reported do pass, with amendment and title amendment

    3/5/2026Senate

  23. Introduced in Senate

    2/13/2026Senate

  24. To Judiciary

    2/13/2026Senate

  25. To Judiciary

    2/13/2026Senate

Bill Text

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