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Kentucky Revised Statutes Title XL. Crimes and Punishments § 436.002.Liability for failure to perform age verification to access matter harmful to minors; civil actions; applicability

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or through a third party, of individuals attempting to access the matter shall be liable as provided in this section.

(2) Any person injured by a violation of this section, or a parent or legal guardian on behalf of any minor injured by a violation of this section, may bring a civil action against the covered platform to recover:

(a) Damages of ten thousand dollars ($10,000) per instance that the covered platform failed to perform age verification to restrict the minor's access to matter harmful to minors; and

(b) Actual damages, court costs, and reasonable attorney's fees.

(3) This section shall only apply to a minor who:

(a) Is a permanent resident of this state;

(b) Has resided in this state for more than one (1) year; or

(c) Has been sojourning in this state for a period of at least thirty-one (31) consecutive days.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XL. Crimes and Punishments § 436.002.Liability for failure to perform age verification to access matter harmful to minors; civil actions; applicability - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xl-crimes-and-punishments/ky-rev-st-sect-436-002/

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