Privacy Law Library

Publishing or distributing material harmful to minors on the Internet (adult website age verification)

VA age verification

Children

Requires commercial adult websites to verify that users are 18 or older through a commercial age and identity verification database or another commercially reasonable method, and makes them liable for damages when a minor gains access.

Where
Virginia
Citation
Va. Code § 8.01-40.5
Status
In force
In force since
2023-07-01
Enforced by
Private civil action
People can sue
Yes
Penalties
Civil liability for damages resulting from a minor's access, plus reasonable attorney fees and costs (8.01-40.5(C)).
Applies to
  • Commercial entities that knowingly publish or distribute material harmful to minors from a website where more than one third of the material is harmful to minors (8.01-40.5(A)-(B))
  • Not interactive computer service providers or users (8.01-40.5(D))

Practices it requires

  • Verify that anyone attempting to access material harmful to minors is 18 or older, using a commercially available age and identity verification database or another commercially reasonable method.Va. Code § 8.01-40.5(B)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Litigation status not researched in detail; no current injunction was found in this review.

Research reference, not legal advice.