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6 sections in this chapter.
W. Va. Code § 49A-1-101 Definitions
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As used in this article: "Application" means, as used in this article, a computer software program designed to run on a smartphone, computer tablet, mobile device, smart television, desktop, or other application enabled devices. "Child pornography" is defined as any material visu…
W. Va. Code § 49A-1-102 Reasonable age verification methods
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(a) A commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors on an Internet website or application, or a third party that performs age verification under this article, shall in order to prove that an individual is 18 years of…
W. Va. Code § 49A-1-103 Applicability of article
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(a) This article does not apply to a website, video, report, or event of a bona fide news gathering organization or public interest broadcast. This article may not be construed to affect the rights of a news-gathering organization. (b) An Internet service provider or its affiliat…
W. Va. Code § 49A-1-104 Liability for failing to perform reasonable age verification for sexual material harmful to minors; damages; liability for retention of data; damages; creation of cause of action; and statute of limitations
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(a) A commercial entity that knowingly and intentionally publishes or distributes sexual material harmful to minors on the internet from a website, or through an application, that contains a substantial portion of such sexual material harmful to minors shall be held liable if the…
W. Va. Code § 49A-1-105 Injunction by action of Attorney General; civil penalties; basis of civil penalties; and statute of limitations
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(a) If the Attorney General believes that a commercial entity is knowingly and intentionally violating or has knowingly violated this article, and the action is in the public interest, the Attorney General may bring an action in the circuit court located where a minor child, or i…
W. Va. Code § 49A-1-106 Rule-making authority
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(a) The Office of Technology, under the Department of Administration, may propose rules for legislative approval necessary to implement this article in accordance with §29A-3-1 et seq. of this code. (b) The rules shall: (1) Establish processes or means by which a commercial entit…
