{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-40.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-40.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-40.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-40.5.html"}],"law_id":62242,"edition_id":1,"section_id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","history":"2023, c. 811.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Interactive computer service” means the same as that term is defined in § 8.01-49.1.\n\t\t\t“Material harmful to minors” means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) appeals to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.\n\t\t\t“Sexual conduct” means the same as that term is defined in § 18.2-390.\n\t\t\t“Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors.B\n\nAny commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall, through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older.C\n\nAny commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor’s access to such material harmful to a minor and reasonable attorney fees and costs.D\n\nNothing in this section shall be construed to impose an obligation or liability on a provider or user of an interactive computer service on the Internet.","order_by":null,"text":{"0":{"id":226976,"text":"For the purposes of this section:\n\t\t\t“Interactive computer service” means the same as that term is defined in § 8.01-49.1.\n\t\t\t“Material harmful to minors” means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) appeals to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.\n\t\t\t“Sexual conduct” means the same as that term is defined in § 18.2-390.\n\t\t\t“Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226977,"text":"Any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall, through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226978,"text":"Any commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor’s access to such material harmful to a minor and reasonable attorney fees and costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226979,"text":"Nothing in this section shall be construed to impose an obligation or liability on a provider or user of an interactive computer service on the Internet.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or 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03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for 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acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal 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This law was first created in 2023. The record of its establishment is cataloged in chapter 811<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":80691,"section_number":"18.2-390","catch_line":"Definitions","order_by":null,"url":"\/18.2-390\/"},{"id":71411,"section_number":"8.01-49.1","catch_line":"Liability for defamatory material on the Internet","order_by":null,"url":"\/8.01-49.1\/"}],"permalink":{"id":280753,"object_type":"law","relational_id":62242,"identifier":"8.01-40.5","token":"8.01\/3\/3\/8.01-40.5","url":"\/8.01-40.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","dublin_core":{"Title":"Publishing or distributing material harmful to minors on the Internet","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-40.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Interactive computer service<\/span>” means the same as that term is defined in § 8.01-49.1<\/a>.\n\t\t\t“Material harmful to minors<\/span>” means any description or representation of nudity, sexual conduct<\/span>, sexual excitement, or sadomasochistic abuse when it (i) appeals<\/span> to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.\n\t\t\t“Sexual conduct<\/span>” means the same as that term is defined in § 18.2-390<\/a>.\n\t\t\t“Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors<\/span> on the Internet from a website that contains a substantial portion of such material shall, through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person<\/span> attempting to access such material harmful to minors<\/span> is 18 years of age or older. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any commercial entity that violates the provisions of this section shall be subject to civil liability for damages<\/span> resulting from a minor<\/span>’s access to such material harmful to a minor<\/span> and reasonable attorney fees and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to impose an obligation or liability on a provider or user of an interactive computer service<\/span> on the Internet. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUBLISHING OR DISTRIBUTING MATERIAL HARMFUL TO MINORS ON THE INTERNET (\u00a7\n8.01-40.5)\n\nA. For the purposes of this section:\n\t\t\t“Interactive computer service” means the same as that term is\ndefined in § 8.01-49.1.\n\t\t\t“Material harmful to minors” means any description or\nrepresentation of nudity, sexual conduct, sexual excitement, or sadomasochistic\nabuse when it (i) appeals to the prurient, shameful, or morbid interest of\nminors; (ii) is patently offensive to prevailing standards in the adult\ncommunity as a whole with respect to what is suitable material for minors; and\n(iii) is, when taken as a whole, lacking in serious literary, artistic,\npolitical, or scientific value for minors.\n\t\t\t“Sexual conduct” means the same as that term is defined in §\n18.2-390.\n\t\t\t“Substantial portion” means more than 33 and one-third percent\nof total material on a website that meets the definition of material harmful to\nminors.\n\nB. Any commercial entity that knowingly or intentionally publishes or\ndistributes material harmful to minors on the Internet from a website that\ncontains a substantial portion of such material shall, through the use of (i) a\ncommercially available database that is regularly used by businesses or\ngovernmental entities for the purpose of age and identity verification or (ii)\nanother commercially reasonable method of age and identity verification, verify\nthat any person attempting to access such material harmful to minors is 18 years\nof age or older.\n\nC. Any commercial entity that violates the provisions of this section shall be\nsubject to civil liability for damages resulting from a minor’s access to\nsuch material harmful to a minor and reasonable attorney fees and costs.\n\nD. Nothing in this section shall be construed to impose an obligation or\nliability on a provider or user of an interactive computer service on the\nInternet.\n\nHISTORY: 2023, c. 811.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}