Privacy Law Library

Age Verification for Online Matter Harmful to Minors

KY Adult Site Age Verification

Children · Other

Requires commercial adult websites to verify that users are at least 18 using government ID or commercially reasonable transactional-data methods, and lets injured persons or parents sue for failures. To protect user privacy, platforms and verification vendors may not keep identifying information after access is granted. Enforcement is exclusively private; state officials may not enforce it.

Where
Kentucky
Citation
KRS 436.001 to 436.009 (created 2024 Ky. Acts ch. 106, secs. 13-18, HB 278)
Status
In force
In force since
2024-07-15
Enforced by
Private civil actions only; the Commonwealth, the Attorney General, prosecutors, and state officers are barred from enforcing
People can sue
Yes
Penalties
$10,000 per instance of failing to age-verify a minor, plus actual damages, costs, and attorney's fees. Knowingly retaining identifying information after granting access: $1,000 per 24-hour period retained, plus actual damages, costs, and fees. Jury trial on liability and damages.
Applies to
  • Covered platforms: for-profit websites that in the regular course of business create, host, or make available matter harmful to minors, where more than one-third of the material they knowingly publish or distribute is harmful to minors
  • Third parties that perform age verification for covered platforms

Practices it requires

  • Perform age verification (state or federal ID, or a commercially reasonable method relying on public or private transactional data) before allowing access to matter harmful to minors.KRS 436.001(1); KRS 436.002(1) · Only if: More than one-third of published material is harmful to minors
  • The platform or its third-party verifier must not retain any identifying information of the individual after access has been granted.KRS 436.004(1)

Other duties

  • Injured persons, or parents or guardians of qualifying resident minors, may sue in specified circuit courts; nonmutual preclusion is not a defense and waivers of the right to sue are void.KRS 436.002(2)-(3); KRS 436.006(1)-(3); KRS 436.009

Sources

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

Unverified: No court challenge to KRS 436.001-.009 was found in this pass; a docket search was not performed. KRS 436.008 and 436.009 were read from the chapter index titles only.

Research reference, not legal advice.