Law / United States /
California
Parent's Accountability and Child Protection Act (Civil Code 1798.99.1, as amended by AB 2076), age verification for online sales of age-restricted products
Cal. Civ. Code § 1798.99.1, as amended by AB 2076 (Ch. 920, Stats. 2026)
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Public prosecutors, who may bring an action for a violation of the section.
As of .
What it requires
- Take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser, if you conduct business in California and seek to sell any product or service in or into California that is illegal under state law to sell to a minor (Civil Code Section 1798.99.1(a)(1)).
- For firearms, ammunition, tobacco, electronic cigarettes and the other products in subdivision (c), reasonable steps include requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification or shipping the product or service to an individual who is of legal age (Section 1798.99.1(a)(3)).
- Do not treat consent obtained through the minor as a reasonable step (Section 1798.99.1(a)(4)).
- Do not retain, use, or disclose information you receive from a purchaser or recipient to verify age for any purpose other than complying with, or demonstrating compliance with, the section, California law, or a state or federal court order (Section 1798.99.1(a)(6)).
- From , do not allow a purchaser to use a gift card or store credit for the products or services in subdivision (c), which then include nitrous oxide (Section 1798.99.1(a)(3)(B) and (c)(7), as amended by AB 2076).
These lines are LexLint's reading of the law's text, as of .
What it reaches
Covered services
Persons and businesses that conduct business in California and seek to sell products or services in or into California that are illegal under state law to sell to a minor.
Obligation class
Age verification
Verification methods
Gov ID
What this law does
Section 1798.99.1 of the Civil Code requires a person or business that conducts business in California and seeks to sell any product or service in or into California that is illegal under state law to sell to a minor to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser.
For the products in subdivision (b), reasonable steps include requiring a government-issued identification, requiring a nonprepaid credit card for an online purchase, restricting accounts designated as minor accounts, or shipping the product to an individual who is of legal age. For the products in subdivision (c), reasonable steps include requiring a government-issued identification or shipping the product or service to an individual who is of legal age.
Reasonable steps do not include consent obtained through the minor. A seller's reasonable and good faith reliance on bona fide evidence of the purchaser or recipient's age is an affirmative defense. A person or business required to comply shall not retain, use, or disclose information it receives from a purchaser or recipient to verify age for any purpose other than complying with the section, California law, or a state or federal court order.
Subdivision (c) covers firearms and handguns, BB devices, ammunition, tobacco and tobacco paraphernalia, electronic cigarettes, and less lethal weapons. In an action brought by a public prosecutor, a business or person that violates the section is subject to a civil penalty not exceeding $7,500 for each violation.
The section does not apply to a business regulated by state or federal law that provides greater protection to personal information or requires greater age verification than the section, and compliance with that law is deemed compliance with the section for those subjects. AB 2076 was chaptered on as Chapter 920 of the Statutes of 2026 and amends the section. The amendment adds nitrous oxide to the products in subdivision (c).
The amendment provides that an online seller shall not allow a purchaser to use a gift card or store credit for products or services described in subdivision (c).
As amended, a public prosecutor who brings an action may seek a civil penalty of $7,500 for each violation, which the court may increase up to $250,000 per violation against a business with annual gross revenues above $25,000,000 in the preceding calendar year if it finds that doing so is necessary to deter future violations, and may also seek injunctive relief and reasonable attorney's fees and costs. The amendments take effect on .
When LexLint raises it
When your app profile says your app publishes adult content or serves under-18s.