436.002 Liability for failure to perform age verification to access matter harmful to minors -- Civil actions -- Applicability

436.002 Liability for failure to perform age verification to access matter harmful to

minors -- Civil actions -- Applicability.

(1) Any covered platform that knowingly and intentionally publishes or distributes

material on the internet, more than one-third (1/3) of which is matter harmful to

minors, and fails to perform age verification, either by itself or through a third

party, of individuals attempting to access the matter shall be liable as provided in

this section.

(2) Any person injured by a violation of this section, or a parent or legal guardian on

behalf of any minor injured by a violation of this section, may bring a civil action

against the covered platform to recover:

(a) Damages of ten thousand dollars ($10,000) per instance that the covered

platform failed to perform age verification to restrict the minor's access to

matter harmful to minors; and

(b) Actual damages, court costs, and reasonable attorney's fees.

(3) This section shall only apply to a minor who:

(a) Is a permanent resident of this state;

(b) Has resided in this state for more than one (1) year; or

(c) Has been sojourning in this state for a period of at least thirty-one (31)

consecutive days.