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Full Text of SB3945
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SB3945 - 104th General Assembly
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Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3945
Introduced 2/6/2026, by Sen. Erica Harriss
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Adult Content Age Verification Act. Provides that a
commercial entity that knowingly and intentionally publishes or
distributes material harmful to minors on the Internet from a website that
contains a substantial portion of material harmful to minors shall be
subject to civil penalties if the entity fails to perform reasonable age
verification methods to verify the age of individuals attempting to access
the material. Provides that the Attorney General may investigate alleged
violations and initiate a civil action for an injunction and to assess
civil penalties. Provides that the civil penalties shall be deposited into
the Cyber Exploitation of Children Fund, which shall be expended for the
investigation of cybercrimes involving the exploitation of children.
Amends the State Finance Act to make a conforming change.
LRB104 18625 SPS 32068 b
A BILL FOR
SB3945
LRB104 18625 SPS 32068 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
Adult
5
Content Age Verification Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Commercial entity" means a corporation, limited liability
8
company, partnership, limited partnership, sole
9
proprietorship, or another legally recognized entity.
10
"Distribute" means to issue, sell, give, provide, deliver,
11
transfer, transmute, circulate, or disseminate by any means.
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"Internet" means the international computer network of
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both federal and nonfederal interoperable packet switched data
14
networks.
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"Material harmful to minors" means all of the following:
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(1) Material that the average person, applying
17
contemporary community standards, would find, taking the
18
material as a whole and with respect to minors, is
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designed to appeal to, or is designed to pander to, the
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prurient interest.
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(2) Any of the following material that exploits, is
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devoted to, or principally consists of descriptions of
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actual, simulated, or animated displays or depictions of
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any of the following, in a manner patently offensive with
2
respect to minors:
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(A) Pubic hair, anus, vulva, genitals, or a
4
nipple.
5
(B) Touching, caressing, or fondling of nipples or
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breasts, buttocks, anuses, or genitals.
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(C) Sexual intercourse, masturbation, sodomy,
8
bestiality, oral copulation, flagellation, excretory
9
functions, exhibitions, or any other sexual act.
10
(3) Material, taken as a whole, that lacks serious
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literary, artistic, political, or scientific value for
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minors.
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"Minor" means any person under the age of 18.
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"News-gathering organization" means any of the following:
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(A) An employee of a newspaper, news publication,
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or news source, printed or on an online or mobile
17
platform, of current news and public interest, while
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operating as an employee as provided in this
19
paragraph, who can provide documentation of employment
20
with the newspaper, news publication, or news source.
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(B) A radio broadcast station, television
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broadcast station, cable television operator, wire
23
service, or an employee of a station, operator, or
24
service.
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"Publish" means to communicate or make information
26
available to another person or entity on a publicly available
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website.
2
"Reasonable age verification methods" means verifying that
3
a person seeking to access the material is 18 years of age or
4
older by requiring the person attempting to access the
5
material to comply with a commercial age verification system
6
that verifies in any of the following ways:
7
(1) Government-issued identification.
8
(2) Any commercially reasonable method that relies on
9
public or private transactional data to verify that the
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person attempting to access the information is at least 18
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years of age or older.
12
"Substantial portion" means more than 33 1/3% of total
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material on a website is material harmful to minors.
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"Transactional data" means a sequence of information that
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documents an exchange, agreement, or transfer between an
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individual, commercial entity, or third party used for the
17
purpose of satisfying a request or event. "Transactional data"
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includes, but is not limited to, records from mortgage,
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education, and employment entities.
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Section 10.
Publishing or distributing material harmful to
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minors; age verification.
22
(a) Any commercial entity that knowingly and intentionally
23
publishes or distributes a substantial portion of material
24
harmful to minors on a website is subject to civil penalties as
25
provided in this Act if the entity fails to perform reasonable
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age verification methods to verify the age of an individual
2
attempting to access the material harmful to minors.
3
(b) The Attorney General may investigate an alleged
4
violation of this Act and initiate a civil action for an
5
injunction and to assess civil penalties. Prior to initiating
6
a civil action, the Attorney General shall provide the
7
commercial entity with not less than 30 days to comply with
8
this Section.
9
Section 15.
Penalties.
10
(a) If a court finds that a commercial entity violated
11
this Act, the court may assess a civil penalty in an amount of
12
not more than $5,000 for each day of violation. The Attorney
13
General must deposit the civil penalty into the Cyber
14
Exploitation of Children Fund, a special fund that is created
15
in the State treasury, and, subject to funding from civil
16
penalties or appropriation and as directed by the Secretary of
17
State, shall be expended for the investigation of cybercrimes
18
involving the exploitation of children and for no other
19
purpose. In addition to the remedies provided in this Section,
20
the Attorney General may request and the court may impose an
21
additional civil penalty not to exceed $10,000 for each
22
violation of this Act against any commercial entity found by
23
the court to have knowingly failed to perform reasonable age
24
verification methods to verify the age of individuals
25
attempting to access the material. The additional civil
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penalty shall also be deposited into the Cyber Exploitation of
2
Children Fund.
3
(b) Each violation may be treated as a separate violation
4
or may be combined into one violation at the option of the
5
Attorney General.
6
(c) If a court finds that a commercial entity violated
7
this Act, the court may assess against the commercial entity
8
all costs, expenses, and fees related to investigations and
9
proceedings associated with the violation, including
10
attorney's fees.
11
Section 20.
Exceptions.
12
(a) This Act does not apply to any bona fide news or public
13
interest broadcast, website, video, report, or event and shall
14
not be construed to affect the rights of any news-gathering
15
organization.
16
(b) No Internet service provider, or its affiliates or
17
subsidiaries, search engine, or cloud service provider shall
18
be held to have violated the provisions of this Act solely for
19
providing access or connection to or from a website or other
20
information or content on the Internet or a facility, system,
21
or network not under the control of that provider, including
22
transmission, downloading, intermediate storage, access
23
software, or other related capabilities, to the extent the
24
provider is not responsible for the creation of the content of
25
the communication that constitutes material harmful to minors.
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Section 25.
The State Finance Act is amended by adding
2
Section 5.1038 as follows:
3
(30 ILCS 105/5.1038 new)
4
Sec. 5.1038.
The Cyber Exploitation of Children Fund.
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