Age Verification Laws by State (2026): The 27-State Table, Debunked
Independently fact-checked against primary sources (last audited August 13, 2026). · 9 primary sources cited on this page. How we verify our legal content

The most common phrase people search is "porn is banned in [state]." That framing is wrong everywhere it appears. As of August 13, 2026, 27 states require commercial adult-content websites to verify a visitor's age before granting access, and the U.S. Supreme Court settled the constitutional question in June 2025: Free Speech Coalition, Inc. v. Paxton upheld Texas's law 6-3, applying intermediate scrutiny, not strict scrutiny, and no enacted adult-content age-verification law is currently blocked by any court. States require verification. Some platforms, including Pornhub's parent company Aylo, chose to geo-block a state's traffic entirely rather than build a verification system. That is the platform's own business decision, not a government prohibition on the content itself.
The single biggest source of confusion in this space, and the reason this page exists, is that readers, and a fair number of news headlines, conflate that 27-state adult-content family with a legally separate one: state laws that require age verification or parental consent for social media accounts generally, not just access to material harmful to minors. Five of six enacted social-media age-verification statutes, in Georgia, Louisiana, Nebraska, Virginia, and previously Mississippi's now-resolved posture, have drawn serious First Amendment challenges and several are currently enjoined, because they regulate far more speech than an adult-content gate does: they condition an entire platform's account creation and screen time on age, not access to one narrow category of sexual material. Two states, Georgia and Virginia, run both an adult-content law (enforced, unchallenged) and a social-media law (enjoined or under appeal) from different bills, which is exactly the kind of detail that gets lost in a single-sentence summary. This page keeps the two families in separate tables for that reason.
Below: the full 27-state adult-content table, the separate 6-state social-media table, an explanation of what FSC v. Paxton actually held, what happens in practice when a state requires verification, and where federal legislation on this topic currently stands.
Age-Verification Laws by State
The table below lists all 27 states with an enacted adult-content age-verification law as of August 13, 2026. States with a dedicated full page are linked; the rest are listed with the same citation and status detail confirmed from primary sources. Ohio, Kentucky, North Dakota, Nebraska, and South Dakota carry a hedge in the citation or effective-date column where this research could not independently confirm a specific fact against a primary source; see each row's notes. South Carolina's effective-date cell is not a hedge: it states two distinct, both-correct dates for two different things within the same Act, confirmed directly against the Act's own text.
| State | Citation | Effective | Status | Scope |
|---|---|---|---|---|
| Alabama | HB 164 (2024) | Oct. 1, 2024 | Enforced | AV required for any commercial entity knowingly publishing sexual material harmful to minors on an adult website (no percentage-of-content gate); also levies a 10% adult-content gross-receipts tax. |
| Arizona | HB 2112 (2025), Ch. 193 | Sept. 26, 2025 | Enforced | AV required for sites >1/3 harmful-to-minors content; penalties up to $10,000/day plus $250,000 if a minor accesses. |
| Arkansas | SB 66 / Act 612 (2023) | Jul. 31, 2023 (approx.) | Enforced | AV required for sites ≥1/3 harmful-to-minors content; civil liability for noncompliance. |
| Florida | Fla. Stat. §§501.1737-.1738 (HB 3, 2024) | Jan. 1, 2025 | Enforced | AV (anonymous or standard option) required for sites ≥33.3% harmful-to-minors content; litigation concluded. |
| Georgia | O.C.G.A. §39-5-5 (SB 351, 2024) | Jul. 1, 2025 | Enforced | AV required for sites >33.33% harmful-to-minors content; unchallenged. Georgia's separate social-media statute is enjoined; see the table below. |
| Idaho | HB 498 (2024), Ch. 113 | Jul. 1, 2024 | Enforced | AV required for sites ≥1/3 harmful-to-minors content; private right of action, $10,000 statutory minimum damages. |
| Indiana | Ind. Code §24-4-23 et seq. (SB 17, 2024) | Jul. 1, 2024 | Enforced | AV required for sites ≥1/3 harmful-to-minors content; litigation concluded (7th Cir. vacated the injunction, dismissed with prejudice). |
| Iowa | Iowa Code ch. 554J (HF 864, 2026) | Jul. 1, 2026 | Enforced | AV required for sites ≥1/3 harmful-to-minors content; AG-only enforcement, penalties up to $1,000/violation capped at $10,000/day. |
| Kansas | SB 394 (2024 Kan. Sess. Laws ch. 28) | Jul. 1, 2024 | Enforced | AV required where ≥25% of webpages viewed in a month are harmful-to-minors content; parent/guardian statutory damages ≥$50,000, AG penalties up to $10,000. |
| Kentucky | HB 278 (2024), Ch. 106 | Jul. 15, 2024 (reported, not independently confirmed) | Enforced | Civil cause of action against sites publishing harmful-to-minors material without AV. |
| Louisiana | La. R.S. §9:2800.29 (Act 440, 2022) | Jan. 1, 2023 | Enforced | First adult-content AV law in the nation; private right of civil action; unchallenged. Louisiana's separate social-media statute is permanently enjoined; see the table below. |
| Mississippi | SB 2346 (2023), Ch. 513 | Jul. 1, 2023 | Enforced | AV required where ≥1/3 of content is harmful to minors; unchallenged. Mississippi's separate social-media statute is enforced pending appeal; see the table below. |
| Missouri | HB 1839 (2026) | Aug. 28, 2026 | Enacted, not yet effective | The codifying statute is not yet in force, but an AG rule under the Merchandising Practices Act has enforced the same substantive requirement since late Nov./Dec. 2025. |
| Montana | Mont. Code §30-14-159 (SB 544, 2023; amended 2025) | Jan. 1, 2024 | Enforced | AV required for sites >33.33% harmful-to-minors content; a 2025 amendment stripped AG enforcement, narrowing it to a private right of action only. |
| Nebraska | LB 1092, "Online Age Verification Liability Act" (2024) | Jul. 15, 2024 (reported) | Enforced | AV required for sites/apps with a substantial portion of harmful-to-minors content; private cause of action. Citation and date were located via secondary reference, not independently re-opened this session. Distinct from Nebraska's enjoined social-media law; see the table below. |
| North Carolina | N.C. Gen. Stat. Ch. 66, Art. 51 (HB 8, 2023) | Jan. 1, 2024 | Enforced | AV required for sites with a substantial portion of harmful-to-minors content. |
| North Dakota | HB 1561 (2025) | Aug. 1, 2025 (reported) | Enforced | Civil liability for publishing harmful-to-minors content, >33.3% of a site, without AV. |
| Ohio | Ohio Rev. Code §1349.10 (HB 96) | Sept. 30, 2025 (reported) | Enforced, but widely evaded | A drafting gap reportedly exempts "interactive computer service" providers, letting most major adult platforms skip verification in practice; see the state page for detail. |
| Oklahoma | 15 Okla. Stat. §§791-791.4 (SB 1959, 2024) | Nov. 1, 2024 | Enforced | Civil liability plus AG injunctive relief for publishing harmful-to-minors/obscene content without AV; ISP-blocking option required. |
| South Carolina | Act 198 / H.3424 (2023-24) | May 21, 2024 (Act approved); Jan. 1, 2025 (AV requirement itself operative) | Enforced | Liability for publishing obscene or harmful-to-minors material online without AV. Both dates confirmed directly against the Act's own enrolled text: the Act took general effect on the Governor's approval, but the AV-liability provision, S.C. Code §37-1-310(C), carries its own internal Jan. 1, 2025 operative date. |
| South Dakota | SDCL §§22-24-69 to 22-24-72 (HB 1053, 2025) | Jul. 1, 2025 | Enforced | AV (state ID, bank account, or credit/debit card check) required for platforms whose regular business includes harmful-to-minors material; criminal penalties (Class 1 misdemeanor, then Class 6 felony) plus an AG-only civil penalty up to $5,000 per instance after a 90-day cure notice. |
| Tennessee | Tenn. Code §39-17-911 et seq. (SB 1792) | Jan. 1, 2025 | Enforced, litigation ongoing | AV required for sites with harmful-to-minors content; 6th Cir. let it continue in effect pending FSC v. Skrmetti, not a final ruling. |
| Texas | Tex. Civ. Prac. & Rem. Code Ch. 129B (HB 1181, 2023) | Sept. 1, 2023 | Enforced, controlling precedent | Upheld 6-3 by the Supreme Court in FSC v. Paxton (2025); the reference point for every other state's law in this table. |
| Utah | SB 287 (2023); amended by SB 73 (2026) | May 3, 2023 | Enforced | Survived its court challenge on jurisdictional grounds, not First Amendment merits; SB 73 (2026) extends coverage to VPN users physically in Utah. |
| Virginia | Va. Code §8.01-40.5 (SB 1515, 2023) | Jul. 1, 2023 | Enforced, not repealed | Private civil liability model; unchallenged despite a 2026 industry lobbying letter asking for repeal. Virginia's separate social-media statute is enjoined; see the table below. |
| West Virginia | HB 4412 (2026) | Jun. 12, 2026 | Enforced | AV required for sites >33.33% harmful-to-minors content; private right of action ($10,000 statutory damages) plus AG enforcement. |
| Wyoming | Wyo. Stat. §§14-3-501 to 14-3-504 (HB 43, 2025) | Jul. 1, 2025 | Enforced | AV required for covered platforms hosting harmful-to-minors material; parent or guardian suits with $5,000 damages per instance (§14-3-503); retention of ID data prohibited (§14-3-502). |
The Social-Media Family: A Separate, More Litigated Category
The six laws below are not additional rows for the adult-content table above. They regulate something different: age verification or parental consent for creating and using a social media account generally, not access to a narrow category of sexual content. Courts have treated that as a materially bigger First Amendment burden, because it can require every user, including adults, to prove their age before reaching a general-purpose platform, rather than only before reaching material that is legally obscene as to minors. That distinction is why five of these six laws have drawn serious litigation while none of the 27 adult-content laws above is currently blocked.
| State | Citation | Litigation Status | Notes |
|---|---|---|---|
| Georgia | O.C.G.A. §§39-6-1 to -5 (SB 351 §3-1, 2024) | Preliminarily enjoined | NetChoice v. Carr, injunction June 26, 2025; 11th Cir. appeal argued March 10, 2026, no ruling as of Aug. 13, 2026. |
| Louisiana | La. R.S. §§51:1751-1759 (Act 456, 2023) | Permanently enjoined (as-applied to 10 named platforms) | NetChoice v. Murrill, ruling signed Dec. 15, 2025. |
| Mississippi | HB 1126, "Walker Montgomery Protecting Children Online Act" (2024) | Enforced, pending appeal | NetChoice v. Fitch; SCOTUS shadow-docket denial Aug. 14, 2025 left it in effect; 5th Cir. held a second oral argument Feb. 3, 2026, no ruling. Never describe this law as «enjoined»: that describes a past status two appellate rulings have already lifted. |
| Nebraska | LB 383, "Parental Rights in Social Media Act" (2025) | Preliminarily enjoined in part | Age-verification and parental-consent provisions blocked ahead of a planned July 2026 effective date; the parental activity-dashboard provision was not blocked. |
| Virginia | Va. Code §59.1-577.1 et seq. (SB 854, 2025) | Preliminarily enjoined | NetChoice v. Jones, injunction Feb. 27, 2026; 4th Cir. appeal pending, no ruling as of Aug. 13, 2026. |
| Illinois | Public Act 104-0664 (HB 5511, 2026), "Children's Online Social Media Safety Act" | Enacted, not yet litigated | Signed July 31, 2026. Uses a device-signal age-assurance model rather than ID upload; operating-system age-signal duties take effect no later than Jan. 1, 2028. No lawsuit found as of Aug. 13, 2026. |
Georgia and Virginia each appear in both tables on this page, because each state enacted its adult-content and social-media requirements through different legal vehicles with entirely different outcomes in court, a genuinely confusing structure that most secondary coverage collapses into a single sentence. Georgia's SB 351 (2024) created both regimes in one bill, split across two chapters of Title 39 of the Georgia Code. Virginia's two laws come from separate bills passed in separate legislative sessions, SB 1515 (2023) for adult content and SB 854 (2025) for social media. Either way, the two Georgia statutes and the two Virginia statutes never share a court case, a penalty schedule, or a litigation outcome, and describing either state as having a single «age verification law» risks stating something false about one of the two.
Mississippi's HB 1126 deserves a specific note because it is the single most litigation-active fact in this entire cluster: it has been enjoined at earlier stages, twice had that injunction lifted by the 5th Circuit, and is currently enforced while the 5th Circuit's second oral argument (Feb. 3, 2026) remains under submission with no ruling. Calling it «enjoined» today describes a status the courts have already moved past.
Free Speech Coalition v. Paxton: the Case That Settled the Question
Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), decided the constitutional question this entire cluster of state laws depends on. The Supreme Court affirmed the 5th Circuit's judgment 6-3 on June 27, 2025, in an opinion by Justice Thomas joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett; Justice Kagan dissented, joined by Justices Sotomayor and Jackson.

The Court held that Texas's law "triggers, and survives, review under intermediate scrutiny," not strict scrutiny, because it only incidentally burdens adults' protected speech: the statute does not ban access to the material, it conditions access on proof of age. As the majority put it, "the power to require age verification is within a State's authority to prevent children from accessing sexually explicit content." Justice Kagan's dissent argued strict scrutiny should have applied, but even Kagan wrote that the law would likely survive strict scrutiny anyway.
That holding, decided under intermediate scrutiny rather than the stricter standard, is now the reference point every other state's adult-content age-verification statute is measured against, and it is the direct reason no state's adult-content law in the 27-state table above is currently enjoined. It is not, however, the standard courts have applied to the social-media family in the table above; those laws are being evaluated separately, and several courts have found they regulate too much protected speech to survive review even under a Paxton-adjacent framework.
What Actually Happens When a State Requires Verification
A state age-verification law does not remove content from the internet and does not prevent an adult from viewing it. It requires a covered site to confirm a visitor is 18 or older, usually through a digital ID check, a government-issued ID, or a commercially reasonable method using transactional data, before granting access.

Once that requirement takes effect, platforms make their own business decision about how to respond, and they have not all made the same one. Some, including Pornhub's parent company Aylo, have chosen to geo-block an entire state's traffic rather than build a compliant verification flow in most states with this kind of law, a decision Aylo has publicly framed as an objection to how ID-based verification is implemented and its privacy implications, not to age verification as a general concept. Louisiana is a documented exception: Pornhub verifies Louisiana visitors through the state's own LA Wallet digital-ID app rather than blocking the state outright, and has said publicly that Louisiana traffic fell roughly 80 percent after the requirement took effect, which it has framed as users migrating elsewhere on the internet rather than simply stopping.
Ohio runs the opposite pattern from most of the country: reporting indicates a drafting gap in Ohio's law, an exemption for "interactive computer service" providers that mirrors federal Section 230 language, has let most major adult platforms keep operating in Ohio without verifying anyone's age, the reverse of the geo-block response seen in states like Georgia, Florida, Missouri, and Virginia. An Ohio Attorney General review reportedly found only 1 of the 20 most-visited adult sites complying as of October 2025.
Either way, describing any of this as a state "banning porn" mischaracterizes what happened. The state set a verification requirement. What a given platform did next, verify, geo-block, or in Ohio's case, apparently neither, was that platform's own choice, not a legal prohibition on the underlying content.
Federal Legislation: Still Pending, Not Law
Two federal bills get frequently searched alongside these state laws, KOSA (the Kids Online Safety Act) and COPPA 2.0, and neither is currently law. As of August 13, 2026, the picture is genuinely fragmented across four separate, non-identical bills rather than one bill moving through both chambers: H.R. 7757, a consolidated House package that folds in KOSA's text, passed the House 267-117 on June 29, 2026 and has sat in Senate Commerce since a July 13, 2026 referral with no further action; the standalone Senate KOSA bill, S. 1748, only cleared Senate Commerce Committee markup on August 5, 2026, with no floor vote; and COPPA 2.0, S. 836, passed the Senate by unanimous consent back in March 2026 but has been "held at the desk" in the House since March 16, 2026, a separate bill from H.R. 7757 that is not included in it. The full breakdown, including what each bill would actually require and a newsroom-watch note for this fast-moving status, lives on the dedicated KOSA and COPPA 2.0 federal legislation page.

The FTC, separately, has not brought any enforcement action specific to adult-content age verification. Its only relevant 2026 activity is a policy statement, issued February 25, 2026, saying the agency will not bring COPPA Rule enforcement against general or mixed-audience operators using age-verification technology solely to determine a user's age, subject to several conditions. That is a forward-looking safe-harbor statement, not a new law or an enforcement case.
Information current as of August 13, 2026, verified directly against the primary sources cited on this page and cross-checked against each linked state page's own citations. The enacted-state count (27) and the social-media family (6) are the most volatile numbers on this page; both litigation postures above, particularly Mississippi's HB 1126 and Georgia's and Virginia's social-media appeals, remain genuinely open and should be reconfirmed before this page is relied on for a time-sensitive purpose.

Age-Verification Rules in Every State
Every state now has a dedicated guide, including states with no age-verification law, where the guide documents that negative and what applies instead:
Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming
Related Resources
- App Store Age Verification Laws
- KOSA and COPPA 2.0: Federal Age-Verification Legislation
- SCOTUS Allows Texas to Enforce App Store Age-Verification Law
- Texas App Store Accountability Act (SB 2420)
- Iowa Age-Verification Law (HF 864) Takes Effect
- Illinois Social Media Age-Verification Law (HB 5511)
- Nebraska Social-Media Age-Verification Law Blocked
Last updated: 2026-08-13.
Frequently Asked Questions
Is porn banned in any U.S. state?
No. No state has banned adult content outright. Twenty-seven states require commercial adult-content websites to verify a visitor's age before granting access. Some platforms chose to geo-block certain states rather than build a verification system, which is that platform's own business decision, not a government ban.
Which states require age verification for porn sites?
As of August 13, 2026, 27 states: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. See the table above for each state's citation, effective date, and current status.
Is age verification for adult websites constitutional?
Yes. The U.S. Supreme Court held in Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), that a state may require online age verification for websites where more than one-third of the content is sexual material harmful to minors, applying intermediate scrutiny. That 6-3 decision is the controlling precedent for every state law in the table above.
Which states' age-verification laws have actually been blocked by a court?
None of the 27 adult-content laws in the main table above is currently enjoined. The laws that are enjoined or under active injunction, in Georgia, Louisiana, and Virginia, plus a partial injunction in Nebraska, belong to a separate category: social-media age-verification and parental-consent laws, which regulate general platform access rather than adult content specifically. See the social-media family table above.
Is Mississippi's age-verification law enjoined?
Mississippi's adult-content law, SB 2346, has never been enjoined. Mississippi's separate social-media law, HB 1126, was enjoined at earlier stages of litigation, but the 5th Circuit has twice lifted that injunction, and the law is currently enforced while a second appeal remains under submission. The accurate current description is «enforced, pending appeal,» not «enjoined.»
Do California or New York require age verification for adult websites?
No. Neither state has an enacted adult-content age-verification law as of August 13, 2026. California's AB 3080 died in committee without a floor vote, and New York's S.3591/A.3946 remain in committee. Search volume for «age verification law» from these states is very likely confusion with a different legal category, the Age-Appropriate Design Code / child-privacy-design laws, not evidence of an enacted porn-site AV law.
What is the App Store Accountability Act?
It is a different, newer layer of age-verification law that regulates Apple's and Google's app stores directly rather than individual websites. Four states, Utah, Texas, Louisiana, and Alabama, have enacted one as of August 13, 2026. Texas's version is currently enforceable under a Fifth Circuit stay; the Fifth Circuit heard oral argument on the underlying merits appeal August 4, 2026 and had not ruled as of this writing. See the dedicated App Store Age Verification Laws page for each state's requirements and litigation status.
Is KOSA the law now?
No. As of August 13, 2026, none of the federal bills addressing children's online safety, KOSA, COPPA 2.0, or the consolidated KIDS Act (H.R. 7757), has been signed into law. See the dedicated KOSA and COPPA 2.0 page for the current status of each bill.
What happens if I try to visit a site covered by one of these laws without verifying my age?
It depends on the site's own compliance choice, not the state law itself. A compliant site will prompt for age verification before granting access. A site that chose to geo-block the state entirely, a common response among major adult platforms, will simply be unreachable from that state regardless of the visitor's actual age.
Updates
Independently fact-checked against the cited primary sources
State-by-state comparison
Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.
Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Revised Statutes
§ 9:2800.29Liability for publishers and distributors of material harmful to minorsIn forcecited in 3 of our articles
A. The provisions of this Section are intended to provide a civil remedy for damages against commercial entities who distribute material harmful to minors. As recognized in House Concurrent Resolution No. 100 of the 2017 Regular Session of the Legislature and Senate Concurrent Resolution No. 56 of the 2019 Regular Session of the Legislature, pornography is creating a public health crisis and having a corroding influence on minors. Due to advances in technology, the universal availability of the internet, and limited age verification requirements, minors are exposed to pornography earlier in age. Pornography contributes to the hyper-sexualization of teens and prepubescent children and may lead to low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and increased desire among adolescents to engage in risky sexual behavior. Pornography may also impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining positive, intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at legis.la.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Free Speech Coalition, Inc. v. LeBlanc (District Court, E.D. Louisiana 2023)“…Court to dismiss all of Plaintiffs’ claims arising out of La. R.S. § 9:2800.29 (“the Act”) for lack of subject-matte…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Age Verification Law: Act 440 and LA Wallet Explained, Louisiana Pornography Laws (2026): Legal Status & Age Verification
Code of Virginia, Title 59.1: Trade and Commerce
§ 59.1-577.1Social media platforms; responsibilities and prohibitions related to minorsIn forcecited in 4 of our articles
A. For purposes of this section, "minor" means any natural person younger than 16 years of age. B. Any controller or processor that operates a social media platform shall (i) use commercially reasonable methods, such as a neutral age screen mechanism, to determine whether a user is a minor and (ii) limit a minor's use of such social media platform to one hour per day, per service or application, and allow a parent to give verifiable parental consent to increase or decrease the daily time limit. C. Information collected for the purpose of determining a user's age shall not be used for any purpose other than age determination and provision of age-appropriate experiences. For purposes of this section, any controller or processor that operates a social media platform shall treat a user as a minor if the user's device communicates or signals that the user is or shall be treated as a minor, including through a browser plug-in or privacy setting, device setting, or other mechanism. D.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Data Privacy Laws: VCDPA Consumer Rights Guide (2026), What Is the VCDPA? Virginia's Data Privacy Law Explained, Virginia Biometric Privacy Laws: Collection, Consent & Penalties (2026)
Code of Virginia, Title 8.01: Civil Remedies and Procedure
§ 8.01-40.5Publishing or distributing material harmful to minors on the InternetIn forcecited in 3 of our articles
A. For the purposes of this section: "Interactive computer service" means the same as that term is defined in § 8.01-49.1. "Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) 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. "Sexual conduct" means the same as that term is defined in § 18.2-390. “Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors. B.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Age Verification Law: Two Separate Statutes, One Lobbying Push, Virginia Pornography Laws (2026): Legal for Adults, AV Required for Sites
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Free Speech Coalition, Inc. v. Paxton, 606 U.S. 461 (2025), Opinion of the Court(supremecourt.gov).gov
- Tex. Civ. Prac. & Rem. Code Chapter 129B, Age Verification Requirement for Sexual Material Harmful to Minors(texas.public.law)
- La. R.S. §9:2800.29 (Act 440 / H.B. 142, 2022), Liability for Publishers and Distributors of Material Harmful to Minors(legis.la.gov).gov
- Va. Code Ann. §8.01-40.5, Publishing or distributing material harmful to minors on the Internet(law.lis.virginia.gov).gov
- Georgia General Assembly, SB 351 (2023-2024 Regular Session), "Protecting Georgia's Children on Social Media Act of 2024"(legis.ga.gov).gov
- Georgia Attorney General, press release on NetChoice v. Carr appeal posture(law.georgia.gov).gov
- NetChoice v. Murrill, Ruling and Order Granting Summary Judgment (Louisiana Act 456 permanent injunction)(netchoice.org)
- NetChoice v. Jones, Preliminary Injunction Opinion (Virginia SB 854)(netchoice.org)
- SCOTUSblog, "Supreme Court allows Mississippi restrictions on children's social media access to remain in place"(scotusblog.com)
- Iowa HF 864 (2026 Acts Ch. 1143), enrolled bill text(legis.iowa.gov).gov
- Illinois Public Act 104-0664 (HB 5511), full bill text(ilga.gov).gov
- Congress.gov, H.R. 7757 (119th Congress), "KIDS Act"(congress.gov).gov
- FTC, "FTC Issues COPPA Policy Statement to Incentivize the Use of Age Verification Technologies to Protect Children Online" (Feb. 25, 2026)(ftc.gov).gov