SB 466

Present law provides that a n individual or commercial entity that is found to have published or distributed in this state a website that contains a substantial portion of content harmful to minors without verifying by using a reasonable age-verification method, the ag e of each active user attempting to access its website, is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court. This bill also hol ds such individual or commercial entity liable for actual damages, nominal damages, and punitive damages, if applicable. This bill additionally authorizes an action brought pursuant to the above provisions, to be certified as a class action, if appropria t e. Under present law, it is not a violation of the "Protect Tennessee Minors Act"" to distribute, sell, display, or expose material, the distribution, sale, display, or exposure of which is otherwise permitted by law. This bill removes this provision. OBSCENE MATERIAL Under present law, it is unlawful to engage in any of the following:  To knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of federal law .  T o direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production that renders the production or performance obscene .  F or a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades K-12. In addition to any criminal penalties, this bill authorizes a person in violation of the above provisions to be found civilly liable to an injured party for nominal damages, actual damages, and punitive damages, if applicable; court costs; and reasonable attorney fees as ordered by the court. ENFORCEMENT Under present law, an individual or commercial entity that is found to have violated the ""Protect Tennessee Minors Act"" is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reas o nable attorney fees. Additionally, an individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages r esulting from retention of the identifying information, including court costs and reasonable attorney fees . A violation of this act is a Class C felony, punishable by a sentence of imprisonment for not less than three years nor more than 15 years and, in addition, the jury may assess a fine not to exceed $10, 000. This bill authorizes the attorney general to issue guidance to assist commercial entities in complying with the above provisions."