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ACT No. 5522026 Regular Session
HOUSE BILL NO. 427
BY REPRESENTATIVES SCHLEGEL, ADAMS, AMEDEE, BACALA, BAMBURG,
BERAULT, BILLINGS, BOUDREAUX, BOYD, BOYER, BROUSSARD,
BRYANT, BUTLER, CARLSON, CARVER, CHASSION, CHENEVERT,
COATES, COX, DESHOTEL, DEVILLIER, DEWITT, DICKERSON,
EDMONSTON, EGAN, FONTENOT, FREEMAN, FREIBERG, GLORIOSO,
HILFERTY, HORTON, ILLG, MIKE JOHNSON, KERNER, KNOX, LAFLEUR,
TERRY LANDRY, LARVADAIN, LYONS, MACK, MARCELLE, MARTINEZ,
MOORE, MURRAY, NEWELL, OWEN, SPELL, STAGNI, TARVER, TAYLOR,
THOMPSON, VILLIO, WALTERS, WILDER, WILEY, WYBLE, AND
ZERINGUE
1 AN ACT
2 To amend and reenact R.S. 9:2717.4(B)(3) through (10) and (C)(1), (4), and (5), relative to
3 material harmful to minors; to provide for definitions; to make technical changes; to
4 provide relative to settings on minor accounts; to provide for an effective date; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2717.4 (B)(3) through (10) and (C)(1), (4), and (5), are hereby
8 amended and reenacted to read as follows:
9 §2717.4. Kids Online Protection and Anti-Grooming Act
10 * * *
11 B. For purposes of this Section:
12 * * *
13 (3) "Material harmful to minors" has the same meaning as provided in R.S.
14 51:2121.
15 (3) (4)(a) "Microtransaction" means any of the following:
16 (i) A purchase made in an online video game involving surprise mechanics,
17 new characters, or other in-game items.
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1 (ii) A purchase made using a virtual currency that is purchasable or
2 redeemable using cash or credit that is included as part of a paid subscription service.
3 (iii) Any purchase or transfer of virtual currency on a covered platform.
4 (b) The term shall does not include a purchase made in an online video game
5 using a virtual currency that is earned through game play and is not otherwise
6 purchasable or redeemable using cash or credit or included as part of a paid
7 subscription service.
8 (4) (5) "Minor" means an account holder on the covered platform who
9 resides in this state under circumstances where the covered platform reasonably
10 believes or has actual knowledge that the account holder is under the age of sixteen
11 and is not emancipated or married has the same meaning as provided in R.S.
12 9:2717.2.
13 (5) (6) "Nonprofit corporation" means any organization organized on a
14 not-for-profit basis under pursuant to the provisions of Chapter 2 of Title 12 of the
15 Louisiana Revised Statutes of 1950.
16 (6) (7)(a) "Online platform" means any public website, online service, online
17 application, or mobile application that predominantly provides a community forum
18 for user-generated content, such as sharing videos, images, games, audio files, or
19 other content, including a social media service, social network, or virtual reality
20 environment.
21 (b) A website, online service, online application, or mobile application is not
22 an online platform solely on the basis that it includes a chat, comment, or other
23 interactive function that is incidental to its predominant purpose.
24 (7) (8) "Online video game" means a video game, including an educational
25 video game, that accesses the internet and allows the user to do any of the following:
26 (a) Create and upload content that is not incidental to game play such as
27 character or level designs.
28 (b) Engage in microtransactions within the game.
29 (c) Communicate with other users.
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1 (8) (9) "Precise geolocation" means information derived from technology,
2 including but not limited to global positioning system level latitude and longitude
3 coordinates or other mechanisms, that directly identify the specific location of a
4 natural person with precision and accuracy within a radius of one thousand seven
5 hundred fifty feet. The provisions of this definition shall do not extend to the content
6 of communications.
7 (9) (10) "School" means any child daycare center as defined in R.S.
8 17:407.33, any public or nonpublic school enrolling students in prekindergarten
9 through grade twelve, any institution under the management and supervision of a
10 public postsecondary education management board, any nonpublic college or
11 university, any program or initiative of the Board of Regents, or any proprietary
12 school as defined in R.S. 17:3140.1.
13 (10) "Sexually explicit material" shall have the same meaning as provided
14 in R.S. 25:225.
15 C. Every owner or operator of a covered platform who contracts with a
16 minor, including the creation of an online account, shall owe a duty of care to the
17 minor. The duty of care shall require the covered platform to take reasonable
18 measures in the operation of the covered platform to prioritize the privacy of the
19 minor's account and establish the following default privacy settings for minors:
20 (1) Prohibit an adult from connecting to a minor without express consent
21 from the minor's legal representative or enable the legal representative of a minor to
22 access a list of the connections of the minor, including a list of contacts with whom
23 the minor has exchanged direct messages through the parental supervision tools of
24 the covered platform.
25 * * *
26 (4) Restrict the visibility of the minor's account to only connected accounts
27 Set minor accounts to private mode in a manner in which only users to whom the
28 minor is connected on the covered platform may view or respond to content posted
29 by the minor.
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1 (5) Allow the legal representative of a minor to choose to be informed via
2 text, voice, email, through the legal representative's linked account or through the
3 covered platform's parental control interface within a reasonable time, if any of the
4 following occur:
5 (a) A minor is exposed to sexually explicit material harmful to minors on a
6 covered platform.
7 (b) A connection is made between a minor and any other user on a covered
8 platform unless the legal representative of the minor is connected to the account of
9 the minor through the covered platform's parental supervision tools.
10 * * *
11 Section 2. Section 2 of Act No. 236 of the 2025 Regular Session of the Legislature
12 of Louisiana is hereby repealed in its entirety.
13 Section 3. Section 1 of Act No. 236 of the 2025 Regular Session and the provisions
14 of this Act shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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