(a) (1) Except as provided in subdivision (a)(2) of this section, it shall be unlawful to financially benefit from knowingly producing or distributing publicly, including without limitation by computer, any visual depiction of a minor with the intent to sexually gratify or elicit a sexual response in the viewer or any other person.(2) This section:(A) Does not prohibit any lawfully authorized investigative, protective, or intelligence activity of:(i) A law enforcement agency of this state;(ii) A political subdivision of this state;(iii) A law enforcement agency of the United States; or(iv) An intelligence agency of the United States;(B) Shall not apply:(i) In the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal, professional, or other lawful obligation;(ii) In the case of a document production or filing associated with a legal proceeding; and(iii) To a social media platform regarding content provided by creators unless the social media platform intentionally solicits, or knowingly and predominantly distributes, the content; and(C) Shall not impose liability in a manner that is inconsistent with 47 U.S.C. § 230, as it existed on January 1, 2025.
(1) Except as provided in subdivision (a)(2) of this section, it shall be unlawful to financially benefit from knowingly producing or distributing publicly, including without limitation by computer, any visual depiction of a minor with the intent to sexually gratify or elicit a sexual response in the viewer or any other person.
(2) This section:(A) Does not prohibit any lawfully authorized investigative, protective, or intelligence activity of:(i) A law enforcement agency of this state;(ii) A political subdivision of this state;(iii) A law enforcement agency of the United States; or(iv) An intelligence agency of the United States;(B) Shall not apply:(i) In the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal, professional, or other lawful obligation;(ii) In the case of a document production or filing associated with a legal proceeding; and(iii) To a social media platform regarding content provided by creators unless the social media platform intentionally solicits, or knowingly and predominantly distributes, the content; and(C) Shall not impose liability in a manner that is inconsistent with 47 U.S.C. § 230, as it existed on January 1, 2025.
(A) Does not prohibit any lawfully authorized investigative, protective, or intelligence activity of:(i) A law enforcement agency of this state;(ii) A political subdivision of this state;(iii) A law enforcement agency of the United States; or(iv) An intelligence agency of the United States;
(i) A law enforcement agency of this state;
(ii) A political subdivision of this state;
(iii) A law enforcement agency of the United States; or
(iv) An intelligence agency of the United States;
(B) Shall not apply:(i) In the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal, professional, or other lawful obligation;(ii) In the case of a document production or filing associated with a legal proceeding; and(iii) To a social media platform regarding content provided by creators unless the social media platform intentionally solicits, or knowingly and predominantly distributes, the content; and
(i) In the case of an individual acting in good faith to report unlawful activity or in pursuance of a legal, professional, or other lawful obligation;
(ii) In the case of a document production or filing associated with a legal proceeding; and
(iii) To a social media platform regarding content provided by creators unless the social media platform intentionally solicits, or knowingly and predominantly distributes, the content; and
(C) Shall not impose liability in a manner that is inconsistent with 47 U.S.C. § 230, as it existed on January 1, 2025.
(b) (1) If a person violates this section or attempts or conspires to violate this section, the minor may commence an action to enforce the provisions of this section.(2) If a minor prevails in an action brought under subdivision (b)(1) of this section, the court may award:(A) Injunctive relief;(B) Actual damages;(C) Punitive damages; and(D) The cost of the action, including without limitation attorney's fees and litigation costs.
(1) If a person violates this section or attempts or conspires to violate this section, the minor may commence an action to enforce the provisions of this section.
(2) If a minor prevails in an action brought under subdivision (b)(1) of this section, the court may award:(A) Injunctive relief;(B) Actual damages;(C) Punitive damages; and(D) The cost of the action, including without limitation attorney's fees and litigation costs.
(A) Injunctive relief;
(B) Actual damages;
(C) Punitive damages; and
(D) The cost of the action, including without limitation attorney's fees and litigation costs.
(c) This section does not affect a right or remedy available under any other law of this state.
(d) (1) A social media platform shall develop and implement a risk-based strategy to help mitigate risks related to monetization of the intentional sexualization of known minors that occurs in the context of known minors' engagement in the work of content creation.(2) The risk-based strategy under subdivision (d)(1) of this section:(A) Shall be documented and reassessed on a reasonably recurring basis; and(B) May include at the sole discretion of the social media platform commercially reasonable:(i) Policies that govern content and related monetization;(ii) Restrictions of features on content featuring minors;(iii) Use of an automated system to identify and enforce against potentially problematic content and accounts;(iv) Inclusion of precautions to mitigate against recommendation systems surfacing content of interest to offenders; and(v) Quality assurance processes recurring at reasonable intervals to ensure that the social media platform's mitigation procedures under this subsection are working as intended.
(1) A social media platform shall develop and implement a risk-based strategy to help mitigate risks related to monetization of the intentional sexualization of known minors that occurs in the context of known minors' engagement in the work of content creation.
(2) The risk-based strategy under subdivision (d)(1) of this section:(A) Shall be documented and reassessed on a reasonably recurring basis; and(B) May include at the sole discretion of the social media platform commercially reasonable:(i) Policies that govern content and related monetization;(ii) Restrictions of features on content featuring minors;(iii) Use of an automated system to identify and enforce against potentially problematic content and accounts;(iv) Inclusion of precautions to mitigate against recommendation systems surfacing content of interest to offenders; and(v) Quality assurance processes recurring at reasonable intervals to ensure that the social media platform's mitigation procedures under this subsection are working as intended.
(A) Shall be documented and reassessed on a reasonably recurring basis; and
(B) May include at the sole discretion of the social media platform commercially reasonable:(i) Policies that govern content and related monetization;(ii) Restrictions of features on content featuring minors;(iii) Use of an automated system to identify and enforce against potentially problematic content and accounts;(iv) Inclusion of precautions to mitigate against recommendation systems surfacing content of interest to offenders; and(v) Quality assurance processes recurring at reasonable intervals to ensure that the social media platform's mitigation procedures under this subsection are working as intended.
(i) Policies that govern content and related monetization;
(ii) Restrictions of features on content featuring minors;
(iii) Use of an automated system to identify and enforce against potentially problematic content and accounts;
(iv) Inclusion of precautions to mitigate against recommendation systems surfacing content of interest to offenders; and
(v) Quality assurance processes recurring at reasonable intervals to ensure that the social media platform's mitigation procedures under this subsection are working as intended.
(e) (1) A social media platform shall ensure that information about its content policies, settings, and best practices for content featuring minors are publicly available, understandable to both adults and minors, and informed by research and outside expertise.(2) The information under subdivision (e)(1) of this section shall:(A) Inform content creators that they may be subject to various legal requirements under the laws of this state; and(B) Explain risks and steps to protect minors appearing in posts from exploitation.
(1) A social media platform shall ensure that information about its content policies, settings, and best practices for content featuring minors are publicly available, understandable to both adults and minors, and informed by research and outside expertise.
(2) The information under subdivision (e)(1) of this section shall:(A) Inform content creators that they may be subject to various legal requirements under the laws of this state; and(B) Explain risks and steps to protect minors appearing in posts from exploitation.
(A) Inform content creators that they may be subject to various legal requirements under the laws of this state; and
(B) Explain risks and steps to protect minors appearing in posts from exploitation.