H.B. 295 - Innocence Act Summary

• Creates age verification requirements for organizations selling obscene or sexually harmful materials to minors on the internet, requiring verification that users are 18+ years old using commercial age verification systems with photo identification or transactional data.

• Prohibits organizations from retaining identifying information of users accessing obscene or harmful materials for more than 30 days, and makes it illegal for minors to provide false identification to access such materials.

• Criminalizes nonconsensual dissemination of private sexual images (misdemeanor of third degree for first offense) and nonconsensual dissemination of fabricated sexual images created using another person's likeness (felony of third degree).

• Establishes civil rights of action allowing victims to sue offenders for violations of the age verification requirements and image dissemination prohibitions, with recovery of compensatory damages, attorney's fees, court costs, and other reasonable expenses.

• Exempts interactive computer service providers, internet providers, cable/satellite service providers, cloud service providers, and news media from the requirements, and includes affirmative defenses when organizations make good faith efforts to verify age.