§ 8.01-40.5.Publishing or distributing material harmful to minors on the Internet.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2023 · Last verified July 16, 2026
In one sentenceRequires commercial websites where more than a third of the content meets Virginia’s definition of material harmful to minors to verify visitors are at least 18, through a commercial database or another reasonable method, and makes a noncompliant site liable for damages when a minor gains access, while exempting interactive computer service providers and users.
"Interactive computer service" means the same as that term is defined in § 8.01-49.1.
"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.
"Sexual conduct" means the same as that term is defined in § 18.2-390.
“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.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.
C.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.
D.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.
Plain-English Summary
Subsection A supplies the definitions that set the section’s reach. “Material harmful to minors” means a description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that appeals to the prurient, shameful, or morbid interest of minors, is patently offensive to prevailing adult-community standards for material suitable for minors, and, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. A website falls within the section’s reach once a “substantial portion” — more than 33 and one-third percent — of its material meets that definition.
Subsection B requires a commercial entity that knowingly or intentionally publishes or distributes such material from a website containing that substantial portion to verify, through a commercially available age-and-identity verification database or another commercially reasonable method, that anyone attempting to access the material is 18 or older.
Subsection C makes a violating commercial entity civilly liable for damages resulting from a minor’s access to the material, plus reasonable attorney fees and costs. Subsection D exempts a provider or user of an interactive computer service from any obligation or liability under the section.
Frequently Asked Questions
What makes a website subject to this age-verification requirement?
A commercial entity that knowingly or intentionally publishes or distributes material harmful to minors from a website where more than 33 and one-third percent of the material meets that definition.
How is a website supposed to verify that a visitor is an adult?
Through a commercially available database regularly used by businesses or governmental entities for age and identity verification, or through another commercially reasonable method of age and identity verification.
What happens if a noncompliant site lets a minor access the material?
The commercial entity is subject to civil liability for damages resulting from the minor’s access, along with reasonable attorney fees and costs.
What counts as “material harmful to minors” under this section?
A description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that appeals to minors’ prurient, shameful, or morbid interest, is patently offensive by adult-community standards for minors, and lacks serious literary, artistic, political, or scientific value for minors.
Does this section make internet service providers liable if a customer accesses this kind of site?
No. Subsection D states that nothing in the section imposes an obligation or liability on a provider or user of an interactive computer service on the Internet.
Amendment History
2023, c. 811.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as:virginia age verification law adult websites8.01-40.5 material harmful to minors internetva code website age verification liabilitycommercial website minor access lawsuit virginiainternet content harmful to minors virginia law