In recent years, state lawmakers have been so active in their efforts to regulate and restrict adult content on the internet that it can be difficult to keep track of the various bills, proposals and amendments to existing law coursing through legislatures across the country. Below is a summary of the latest news on state legislation that has been debated, passed and/or come into force in 2026.
States in which new laws have recently come into effect:
Utah (SB 73): Utah’s amendments to the state’s age verification mandate for websites that offer adult material impose a 2% excise tax on all companies required to perform age verification under the law. It also replaces current Utah age verification law’s private right of action with enforcement by the Utah Division of Consumer Protection, which can issue fines of up to $2,500 per violation plus costs and damages awards to consumers ‘injured’ by a violation of the law. The law also makes companies liable for verifying the age of users located in Utah, even if the user is concealing their location through use of a VPN or other technical measure. Most of the law’s provisions are now in effect; the excise tax provisions take effect October 1, 2026.
West Virginia (HB 4412): HB 4412 requires websites that contain over 33-1/3% material deemed “harmful to minors” to verify the age of users, either through use of a government-issued ID or through transactional data. The law authorizes the West Virginia Office of Technology to create specific rules for how age verification must be performed under the law. HB 4412 also creates a private right of action to pursue actual damages from offenders, plus up to $10,000 per violation. The state attorney general is also authorized to bring actions against suspected violators $10k per day of violation, plus up to $250,000 if a minor can access the alleged harmful material. The law goes into effect on June 12, 2026.
States in which bills have passed in both legislative chambers, but aren’t yet in force:
Missouri (HB 1839): HB 1839 would enact heavier penalties for violating the state’s existing age verification mandate. These penalties include a fine of up to $250,000 if a minor can access “material harmful to minors” as defined under the law. The revised law would also lower the standard of knowledge required to create liability from “knowing or with reckless disregard” to “knowingly and intentionally.” Age verification under law must be performed by a third-party entity and does not allow for covered entities to propose an alternative age verification method, even if that method is shown to be equally effective as the methods proscribed by the law. HB 1839 passed in the Missouri Senate on April 30 and has been placed on the “informal calendar” of the Missouri House.
Iowa (HF 864): HF 864 would create an age verification mandate for websites on which 33% or more of the “data publicly available” is deemed “pornographic for minors.” Permitted age verification methods under the law include digital identification, any method which is “commercially reasonable given a person’s scope of business and that relies on transactional data to verify an individual’s age” and a “method approved by the attorney general by rule.” Under the law, the attorney general can bring actions for civil penalties of up to $1,000 per violation, with a maximum penalty of $10,000 per day. The law specifies that each time an individual user accesses a website or app not in compliance with the law constitutes a separate violation. The latest version of the bill passed a House vote on April 30. If the bill is signed into law, it will take effect on July 1, 2026.
States in which bills have passed in a single chamber:
California (AB 1856): Last year, California passed the “Digital Age Assurance Act” (AB 1043), an act which required internet-enabled devices to data on collect users’ age brackets to be shared with mobile apps. AB 1856 would broaden the law to require that users’ age brackets be shared with websites, as well. AB 1856 passed in the Assembly Privacy committee and was referred to the Appropriations committee on April 27, 2026.
Ohio (HB 84): HB 84 applies to sites whereon a “significant or substantial portion” of the site’s content, revenue, stock-in-trade, or display space involves material that is “obscene or harmful” to juveniles. What precisely constitutes a “significant or substantial portion” is left undefined in the bill. The bill allows for government-issued photo IDs, public or private transactional data (employment records, credit card data, mortgage information and the like) processed through a commercial age verification system or third-party services that use the above, as acceptable methods of age verification. Under the bill, violations are a first-degree misdemeanor, with each day of noncompliance considered a separate offense. Both the organization and individual employees and officers of the organization can be charged under the bill. Minors (or their parents or guardians) can bring private civil actions seeking injunctive relief and attorney fees. HB 84 has been passed by the Ohio House and is now pending in the Senate.
Iowa (HF 2606 and SF 443): In addition to HF 864 (described above), the Iowa legislature is debating HF 2606 and SF 443, which also pertain to age verification, but with different provisions from HF 864. Like HF 864, HF 2606 (formerly known as HF 2274) holds that websites must verify the age of their users if over 33% of the “total amount of data publicly available” on the site is pornographic. HF 2606 also mirrors the civil penalties envisioned in HF 864, with the attorney general authorized to seek up to $1,000 per violation, with a maximum penalty of $10,000 per day. HF 2606 also requires the attorney general to “adopt rules to implement and administer the bill.”
SF 443 (previously designated SF 207) would apply to any “commercial entity for which it is in the regular course of the trade or business of the entity to create, host, or make available, on the internet, obscene material,” without the 33% threshold present in HF 2274. Under SF 443, the attorney general has “the sole authority to bring civil action to provide for civil penalties in an amount not more than one hundred thousand dollars.” SF 443 is currently pending before the Iowa Senate Technology Committee.
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