Enact the Innocence Act

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 84

2025-2026

Representatives Demetriou, Williams

Cosponsors: Representatives Bird,
Brennan, Claggett, Click, Dean, Fowler Arthur, Gross, Hiner, Holmes,
Hoops, John, Johnson, King, Klopfenstein, McClain, Miller, K.,
Newman, Peterson, Richardson, Robb Blasdel, Salvo, Schmidt, Sigrist,
Stewart, Thomas, C., Willis, Workman, Young, Hall, T., Mathews, T.,
Miller, M., Barhorst, Creech, Daniels, Deeter, Dovilla, Fischer,
Ghanbari, Hall, D., Isaacsohn, Lampton, Lear, Lorenz, Manning,
Mathews, A., Mullins, Oelslager, Plummer, Ray, Swearingen, Synenberg,
White, A.

To
amend sections 1349.10 and 1349.101 and to enact section 109.1111 of
the Revised Code
to
establish the Innocence Act Enforcement Fund, designate specified
provisions of law as the Innocence Act, and clarify the Attorney
General's enforcement authority.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1349.10 and 1349.101 be amended and section 109.1111 of the
Revised Code be enacted to read as follows:

Sec.
109.1111.
There
is hereby created in the state treasury the innocence act enforcement
fund that shall be used for the payment of expenses incurred by the
office of the attorney general. Up to twenty-five per cent of all
amounts collected by the attorney general from civil penalties as
described in section 1349.101 of the Revised Code shall be paid into
the state treasury to the credit of the innocence act enforcement
fund.

Sec.
1349.10.
(A)(1)
"Cable service provider" has the same meaning as in section
1332.01 of the Revised Code.

(2)
"Cloud service provider" means a third-party company
offering a cloud-based platform, infrastructure, application, or
storage services.

(3)
"Direct-to-home satellite service" has the same meaning as
in 47 U.S.C. 303, as amended.

(4)
"Identifying information" means photo identification or
public or private transactional data.

(5)
"Interactive computer service" has the same meaning as in
the "Telecommunications Act of 1996," 47 U.S.C. 230, as
amended.

(6)
"Internet provider" means a provider of internet service,
including all of the following:

(a)
Broadband service, however defined or classified by the federal
communications commission;

(b)
Information service or telecommunications service, both as defined in
the "Telecommunications Act of 1996," 47 U.S.C. 153, as
amended;

(c)
Internet protocol-enabled services, as defined in section 4927.01 of
the Revised Code.

(7)
"Mobile service" and "telecommunications carrier"
have the same meanings as in the "Telecommunications Act of
1996," 47 U.S.C. 153, as amended.

(8)
"Organization" means
both

either

of
the following:

(a)
A commercial establishment that, for any form of consideration, has
as a significant or substantial portion of its stock-in-trade in,
derives a significant or substantial portion of its revenues from,
devotes a significant or substantial portion of its content or
advertising to, or maintains a substantial section of its sales or
online content display space for the sale, rental, or viewing of
materials that are obscene or harmful to juveniles;

(b)
A commercial establishment as defined in section 2907.38 of the
Revised Code. An establishment may have other principal business
purposes that do not involve selling, delivering, furnishing,
disseminating, providing, exhibiting, or presenting any material or
performance that is obscene or harmful to juveniles on the internet
and still be categorized as an organization subject to this section.
The existence of other principal business purposes does not exempt an
establishment from being categorized as an organization subject to
this section, so long as one of its principal business purposes
involves selling, delivering, furnishing, disseminating, providing,
exhibiting, or presenting any material or performance that is obscene
or harmful to juveniles on the internet.

(9)
"Photo identification" has the same meaning as in section
3501.01 of the Revised Code and includes any government-issued
identification issued by another state, district, country, or
sovereignty.

(10)
"Reasonable age verification methods" means the following:

(a)
Verifying that the person attempting to access the material or
performance that is obscene or harmful to juveniles is eighteen years
of age or older through the use of a commercial age verification
system that uses photo identification
,
visual age verification software,

or public or private transactional data to verify the person's age;

(b)
Using
any
available
third-party

and

or any available

governmental databases that use a commercial age verification system
that uses photo identification or public or private transactional
data to verify the person's age.

(11)
"Transactional data" means a sequence of information that
documents an exchange, agreement, or transfer between a person,
organization, or third party for the purpose of satisfying a request
or event. "Transactional data" includes mortgage,
educational, and employment records.

(12)
"Video service provider" has the same meaning as in section
1332.21 of the Revised Code.

(13)
"Harmful to juveniles" and "obscene" have the
same meanings as in section 2907.01 of the Revised Code.

(14)
"Significant or substantial" means at least thirty-three
and one-third per cent.

(B)
An organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet shall do all of the
following:

(1)
Verify that any person attempting to access the material or
performance that is obscene or harmful to juveniles is eighteen years
of age or older through reasonable age verification methods;

(2)
Verify that any person creating an account or subscription to access
any material or performance that is obscene or harmful to juveniles
is eighteen years of age or older through reasonable age verification
methods. The organization shall reverify the age of the person every
two years thereafter.

(3)(a)
Utilize a geofence system maintained and monitored by a licensed
location-based technology provider to dynamically monitor the
geolocation of persons attempting to access or creating an account or
subscription to access the material or performance that is obscene or
harmful to juveniles;

(b)
The location-based technology provider shall perform a geolocation
check to dynamically monitor the person attempting to access or
creating an account or subscription to access the material or
performance that is obscene or harmful to juveniles and the person's
location.

The organization shall ensure that the location-based technology
provider performs the geolocation check.

(c)
If the location-based technology provider determines that a person is
located in this state,

as determined by the geolocation check under division (B)(3)(b) of
this section,

the organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet shall block that
person until the person's age has been verified using reasonable age
verification methods.

(4)
Implement a notification mechanism to alert persons attempting to
access or creating an account or subscription to access the material
or performance that is obscene or harmful to juveniles, of a
geolocation check failure.

(C)(1)(a)
Except as otherwise provided in division (C)(1)(b) of this section,
an organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet and verifies the age
of the person creating an account or subscription to access the
material or performance that is obscene or harmful to juveniles on
the internet shall do the following:

(i)
Immediately delete all information gathered for the purpose of age
verification after the age verification is completed, except the
information maintained for account and subscription access and for
billing purposes;

(ii)
Upon the request of the account holder or subscriber, immediately
delete the data maintained for user access to the account or
subscription and for billing purposes;

(iii)
Develop and maintain a data privacy policy compliant with federal and
state law and maintain data in a manner that is reasonably secure.

(b)
On the expiration of two years after the creation of the account or
subscription, the organization shall immediately delete all
information relative to the creation of the user's account or
subscription and any information maintained for billing purposes,
unless the account holder or subscriber renews the account or
subscription.

(2)
An organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet and verifies the age
of the person attempting to access the material or performance that
is obscene or harmful to juveniles on the internet shall do both of
the following:

(a)
Immediately delete all information gathered for the purpose of age
verification after age verification is completed;

(b)
Develop and maintain a data privacy policy compliant with federal and
state law and maintain data in a manner that is reasonably secure.

(3)
An organization described in division (C)(1) or (2) of this section
shall immediately delete any identifying information, except the
information required for the purpose of granting a person access to
the account or subscription and for billing the account or
subscription, that is used for age verification of the person
attempting to access or creating an account or subscription to access
any material or performance on the internet that is obscene or
harmful to juveniles after age verification is completed.

In response to any subpoena or notice of a violation received
pursuant to section 1349.101 of the Revised Code, the organization
shall submit an affidavit to the attorney general stating that the
organization has complied with this requirement. The attorney general
shall adopt rules under Chapter 119. of the Revised Code specifying
the information that the organization shall include in the affidavit.

(4)
An organization as described in division (C)(1) or (2) of this
section shall not transfer any information collected, except for the
purpose of age verification
.
Any

and shall ensure that any
party

third-party

who
receives transferred information for age verification purposes

shall not transfer any information collected to any other party
except for the purpose of age verification and

shall immediately delete all information gathered for the purpose of
age verification after age verification is completed.

(D)
This section does not apply to any of the following:

(1)
A person who, while employed or contracted by a newspaper, magazine,
press association, news agency, news wire service, radio or
television station, or similar media, is gathering, processing,
transmitting, compiling, editing, or disseminating information for
the general public;

(2)
A provider of an interactive computer service

that is not an organization
;

(3)
A mobile service;

(4)
An internet provider;

(5)
A cable service provider;

(6)
A direct-to-home satellite service;

(7)
A video service provider;

(8)
A cloud service provider.

Sec.
1349.101.
(A)
(A)(1)
The attorney general may investigate reasonable allegations that an
organization has violated section 1349.10 of the Revised Code and,
upon finding a violation, provide written notice to the organization
believed to have committed the violation, as described in division
(B) of this section.

(2)
The attorney general may administer oaths, subpoena witnesses, adduce
evidence, and require the production of relevant matter for the
purposes of an investigation under this section.

(3)
An organization subpoenaed by the attorney general under this section
may, within twenty days after the subpoena is served, file a motion
in a court of common pleas of any county to extend the return day, or
to modify or quash the subpoena. The organization shall include in
the motion a statement describing good cause for the requested
extension, modification, or quashing of the subpoena.

(4)
If an organization fails, without lawful excuse, to obey a subpoena
served, or to produce relevant matter requested under this section,
the attorney general may apply to the court of common pleas of any
county in this state for an order compelling compliance.

(5)
Neither of the following are public records under section 149.43 of
the Revised Code when obtained by the attorney general as part of an
investigation under this section:

(a)
Any subpoena issued and any records obtained pursuant to a subpoena
issued by the attorney general under division (A)(2) of this section;

(b)
An affidavit as described in division (C)(3) of section 1349.10 of
the Revised Code.

(6)
The attorney general has the exclusive authority to enforce section
1349.10 of the Revised Code. The remedies set forth in this section
are the exclusive remedies for any violation of that section.

(B)(1)

The attorney general may bring a civil

enforcement

action against an organization that sells, delivers, furnishes,
disseminates, provides, exhibits, or presents any material or
performance that is obscene or harmful to juveniles on the internet
that fails to comply with the requirements under
divisions

division

(B)(1)

or
,

(2)
,
(3)(a), (b), or (c), or (4)

or (C)(1)

or
,

(2)
,
(3), or (4)

of section 1349.10 of the Revised Code

and as a result of that failure a minor gains access to the material
or performance
.

(2)

Before
initiating such an enforcement action, the attorney general shall
provide written notice to the organization identifying and explaining
the basis for each instance of alleged violation.

(B)
(C)

Except as otherwise provided in division (D) of this section

and until the date that is two years after the effective date of this
amendment
,
the attorney general shall not commence an enforcement action if the
organization, within forty-five days after notice of the alleged
violation is sent, does both of the following:

(1)
Cures all violations described in the notice
:
;

(2)
Provides the attorney general with a written statement indicating
that the violations are cured and agreeing to refrain from further
noncompliance of the requirements under
divisions

division

(B)(1)

or
,

(2)
,
(3)(a), (b), or (c), or (4)

or (C)(1)

or
,

(2)
,
(3), or (4)

of section 1349.10 of the Revised Code.

(C)
(D)(1)

If the organization does
not

any
of the following, the attorney general may immediately and without
additional notice, file the enforcement action in the court of common
pleas of the county in which the alleged violation occurred, if
known, or in the Franklin county court of common pleas if the
location of the violation is unknown, against that organization to
seek injunctive relief and the imposition of a civil penalty pursuant
to division (D)(3) of this section:

(a)
Fails to
timely
respond or continues to fail to comply with the requirements under

divisions

division

(B)(1)

or
,

(2)
,
(3)(a), (b), or (c), or (4)

or (C)(1)

or
,

(2)
,
or (3), or (4)

of section 1349.10 of the Revised Code after receiving the notice
,
the attorney general may initiate the enforcement action and seek
injunctive relief
.

(b)
Fails to cure all violations within the forty-five-day period
described in division (C) of this section.

(c)
Commits one or more subsequent violations of division (B)(1), (2),
(3)(a), (b), or (c), or (4) or (C)(1), (2), (3), or (4) of section
1349.10 of the Revised Code after reporting that the initial
violation was cured.

(2)
Two years after the effective date of this amendment, the attorney
general may immediately and without notice initiate an enforcement
action against an organization that commits a violation of this
section.

(3)
If an organization violates section 1349.10 of the Revised Code, the
attorney general may request, and the court may impose, a civil
penalty of up to one hundred thousand dollars for each day of
violation. Seventy-five per cent of the penalty shall go to the
consumer protection enforcement fund as described in section 1345.51
of the Revised Code and twenty-five per cent of the penalty shall go
to the innocence act enforcement fund as described in section
109.1111 of the Revised Code.

(D)
Division (B) of this section does not apply if the organization fails
to timely comply with all of the requirements described in the notice
or commits subsequent violations of the same type after curing the
initial violation under that division. Notwithstanding division (C)

of
this section, if an organization commits a subsequent violation of
the same type after reporting that the initial violation is cured,
the attorney general may bring a civil action at any time after
sending notice of the violation under division (A)

of
this section.

(E)
Nothing in this section shall be construed to provide a private right
of action. The attorney general has the exclusive authority to
enforce this section.

Section
2.
That
existing sections 1349.10 and 1349.101 of the Revised Code are hereby
repealed.

Section
3.
Sections
1349.10 and 1349.101 of the Revised Code shall be known as the
Innocence Act.

Section
4.
The
provisions of law contained in this act, and their applications, are
severable. If any provision of law contained in this act, or if any
application of any provision of law contained in this act, is held
invalid, the invalidity does not affect other provisions of law
contained in this act and their applications that can be given effect
without the invalid provision or application.