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Virginia Code § 8.01-40.5 - Civil Action for Unlawful Dissemination of Material Harmful to Minors Online (2023 Chapter 811)

Virginia Code § 8.01-40.5 (enacted by 2023 Virginia Acts Chapter 811, effective 1 July 2023) creates a private civil cause of action against any…

What Virginia Code § 8.01-40.5 - Civil Action for Unlawful Dissemination of Material Harmful to Minors Online (2023 Chapter 811) requires

Virginia Code § 8.01-40.5 (enacted by 2023 Virginia Acts Chapter 811, effective 1 July 2023) creates a private civil cause of action against any commercial entity that knowingly publishes or distributes material harmful to minors on the…

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Pillar: Online Safety & Child Protection · Authority: Commonwealth of Virginia General Assembly (2023 Acts of Assembly Chapter 811, codified at Virginia Code Title 8.01 Chapter 3 Article 1.2 Section 8.01-40.5) · Version: 1.0.0 · Last updated:

Primary source: https://law.lis.virginia.gov/vacode/8.01-40.5/

SHA-256 integrity: 39311d4bbbf1fab0c5ac21a73614539cb77c3913dff09b684459cfa423afcc1d

Primary Citations — 5 traced to source

  • Virginia Code § 8.01-40.5(A) MATERIAL HARMFUL TO MINORS DEFINITION: 'Material harmful to minors means any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (i) predominantly appeals to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.'
  • Virginia Code § 8.01-40.5(B) VERIFICATION DUTY: 'Any commercial entity that knowingly publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall be liable to a minor for damages resulting from a minor accessing such material if the commercial entity fails to use either a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or another commercially reasonable method of age and identity verification to confirm that any person seeking to access such material on the website is 18 years of age or older.'

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