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

> Kentucky · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.002

## Section

- **Citation:** KRS § 436.002
- **Heading:** 436.002 Liability for failure to perform age verification to access matter harmful to minors -- Civil actions -- Applicability
- **Jurisdiction:** Kentucky
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KY Code / Title XL / Chapter 436 / Section 436.002

## Text

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.

## Nearby sections

- [KRS § 436.001 436.001 Definitions for KRS 436.001 to 436.009](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.001.md)
- [KRS § 436.002 436.002 Liability for failure to perform age verification to access matter harmful to minors -- Civil actions -- Applicability](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.002.md)
- [KRS § 436.004 436.004 Retention of identifying information prohibited](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.004.md)
- [KRS § 436.006 436.006 Civil actions -- Venue -- Defenses -- Enforcement by governmental entities or officers prohibited](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.006.md)
- [KRS § 436.008 436.008 Construction of KRS 436.001 to 436.009](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.008.md)
- [KRS § 436.009 436.009 Waiver and estoppel of right to bring civil action are void](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.009.md)
- [KRS § 436.026 436.026 Sale or transfer of viable aborted child for use in experimentation prohibited](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.026.md)
- [KRS § 436.160 436.160 Working on Sunday -- Work of necessity or charity, athletic games and certain businesses and employers excluded -- Penalty](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.160.md)
- [KRS § 436.165 436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county -- Restrictions -- Public vote](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.165.md)
- [KRS § 436.185 436.185 Exhibition of walking horse where the horse's front legs or hoofs show evidence of burns, drugs, lacerations or any pain inflicting device](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.185.md)
- [KRS § 436.320 436.320 Minor to furnish identification to play billiards or pool -- Owner of table to supply blank cards](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.320.md)
- [KRS § 436.480 436.480 Pari-mutuel wagering or sports wagering exempt from KRS Chapter 528](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.480.md)
- [KRS § 436.510 436.510 Witnesses in investigation or prosecution for gambling](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.510.md)
- [KRS § 436.575 436.575 Motion picture rating required to be included in any motion picture advertising placed or accepted](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.575.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXL_C436_S436.002. Check the current official text before relying on it. Not legal advice.