Text of MN SF 2105 (2026)

1.1 A bill for an act​ 1.2 relating to consumer protection; requiring age verification for websites with material​ 1.3 harmful to minors; providing for enforcement by the attorney general; creating a​ 1.4 private right of action; proposing coding for new law in Minnesota Statutes, chapter​ 1.5 325F.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. [325F.1791] AGE VERIFICATION FOR INTERNET CONTENT​ 1.8 HARMFUL TO MINORS.​ 1.9 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 1.10 the meanings given.​ 1.11 (b) "Commercial entity" means a corporation, partnership, limited liability company,​ 1.12 limited liability partnership, limited partnership, sole proprietorship, or any other for-profit​ 1.13 organization.​ 1.14 (c) "Host" means to provide the technology and resources necessary to store and maintain​ 1.15 the electronic files and applications associated with a website on a computer server, in order​ 1.16 for the website to be accessible via the Internet. For purposes of this section, an Internet​ 1.17 service provider does not host a website.​ 1.18 (d) "Identifying information" means information that is linked or reasonably linkable to​ 1.19 an identified or identifiable natural person.​ 1.20 (e) "Interactive computer service" means an information service, system, or access​ 1.21 software provider that provides or enables computer access by multiple users to a computer​ 1.22 server, including (1) a service or system that provides access to the Internet, and (2) a system​ 1.23 operated or service offered by a library or educational institution.​ 1​ Section 1.​ 25-02490 as introduced​ 02/06/25 REVISOR RSI/DG​ SENATE​ STATE OF MINNESOTA​ S.F. No. 2105​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: KREUN, Gruenhagen, Farnsworth and Hoffman)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 03/03/2025​ Referred to Commerce and Consumer Protection​ 2.1 (f) "Intimate part" means the genitals, pubic area, or anus of an individual. If the​ 2.2 individual is female, intimate parts includes a partially or fully exposed nipple.​ 2.3 (g) "Material harmful to minors" means a text, sound recording, image, video, or similar​ 2.4 representation or depiction that:​ 2.5 (1) the average person, applying contemporary community standards and evaluating the​ 2.6 material (i) as a whole, and (ii) with respect to minors, would determine is designed to​ 2.7 appeal to or pander to the prurient interest;​ 2.8 (2) in a manner patently offensive with respect to minors, exploits, is devoted to, or​ 2.9 principally consists of a representation or description of an actual, simulated, or animated​ 2.10 display or depiction of an intimate part, sexual contact, sexual penetration, bestiality,​ 2.11 sadomasochistic abuse, excretory function, exhibition, or other sexual act; and​ 2.12 (3) taken as a whole, lacks serious literary, artistic, political, or scientific value for​ 2.13 minors.​ 2.14 (h) "Sexual contact" means the intentional touching of an intimate part or intentional​ 2.15 touching with seminal fluid or sperm onto another person's body.​ 2.16 (i) "Sexual penetration" means any of the following acts:​ 2.17 (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or​ 2.18 (2) any intrusion, however slight, into the genital or anal openings of an individual by​ 2.19 another's body part or an object used by another for this purpose.​ 2.20 (j) "Shares or distributes" means to display or present material or make material available​ 2.21 for download, with or without consideration.​ 2.22 Subd. 2. Age verification required. (a) A commercial entity who knowingly (1) shares​ 2.23 or distributes material that is harmful to minors on a website where the material appears on​ 2.24 25 percent or more of the web pages viewed on the website in any calendar month, or (2)​ 2.25 hosts a website that meets the criteria under clause (1) must verify that an individual who​ 2.26 is a resident of Minnesota or who is located in Minnesota at the time of the attempted access​ 2.27 is 18 years of age or older.​ 2.28 (b) A commercial entity violates this section if the commercial entity allows an individual​ 2.29 to access a website identified under paragraph (a) without verifying that the individual is​ 2.30 18 years of age or older. Age verification must be conducted through the use of:​ 2.31 (1) a commercially available database that is regularly used by businesses or governmental​ 2.32 entities to verify age and identity; or​ 2​ Section 1.​ 25-02490 as introduced​ 02/06/25 REVISOR RSI/DG​ 3.1 (2) any other commercially reasonable method to verify age and identity approved by​ 3.2 the commissioner of commerce.​ 3.3 (c) The commissioner of commerce may review and approve reliable methods to verify​ 3.4 age and identity used to comply with this section. The commissioner's approval under this​ 3.5 paragraph is not subject to the rulemaking provisions of chapter 14, and section 14.386 does​ 3.6 not apply.​ 3.7 Subd. 3. Data privacy. (a) A commercial entity that performs the age verification​ 3.8 required by subdivision 2 must not retain any identifying information submitted by an​ 3.9 individual to verify age.​ 3.10 (b) A commercial entity that knowingly retains identifying information of an individual​ 3.11 in violation of paragraph (a) is liable to the individual for damages resulting from the​ 3.12 retention, including reasonable attorney fees and costs as ordered by the court.​ 3.13 Subd. 4. Enforcement; civil penalties. (a) A person who accesses a website without​ 3.14 verifying the person's age in violation of this section may report the violation to the attorney​ 3.15 general. Upon receipt of a report made under this paragraph, the attorney general must​ 3.16 investigate and may bring a civil enforcement action and recover the relief provided in​ 3.17 section 8.31. Each instance that a website is accessed in violation of this section constitutes​ 3.18 a separate violation.​ 3.19 (b) The parent or legal guardian of a minor who accesses a website without verifying​ 3.20 the minor's age in violation of this section may bring a civil action against the commercial​ 3.21 entity that violated this section to recover damages, together with costs and disbursements,​ 3.22 including reasonable attorney fees, and receive other equitable relief determined by the​ 3.23 court. In addition to any other damages and relief awarded, a commercial entity that violates​ 3.24 this section may be liable for a civil penalty of not more than $25,000 per violation.​ 3.25 Subd. 5. Limitations. This section does not impose an obligation or liability on an​ 3.26 Internet service provider or the user of an interactive computer service.​ 3​ Section 1.​ 25-02490 as introduced​ 02/06/25 REVISOR RSI/DG​