Law / United States / 
Kansas
SB 394, age verification for websites harmful to minors
K.S.A. 50-6,146 (L. 2024, ch. 28, sec. 1)
In force since .
An adult content age verification (AV) rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to commercial websites where material harmful to minors appears on 25 percent or more of the webpages viewed in a calendar month.
- Verify that Kansas visitors are 18 or older before granting access.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalties
Civil penalties of $500 to $10,000 per violation; private civil actions carry statutory damages of not less than $50,000 plus attorney fees and costs.
Penalty structure
Attorney General civil penalty of not less than $500 and not more than $10,000 for each violation, in lieu of the penalty otherwise provided by K.S.A. 50-636(a); each instance a website is accessed in violation is a separate violation.
- Rule
- Per violation only
- As of
- Minimum
- 500
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Statutory damages
A parent or legal guardian of a minor who accessed a noncompliant website may bring a private action seeking actual damages, statutory damages of not less than $50,000, and reasonable attorney fees and costs.
- As of
- Currency
- USD
- Per person minimum
- 50,000
Who enforces it
Enforcement body
Kansas Attorney General and private civil action.
Settledness
- As of
- Open questions
- Which age verification methods has the attorney general 'expressly approved', or specified as 'certified in documented international standards for age verification', under K.S.A. 50-6,146(h)(2), and where does a commercial entity find them?
- Does 'knowingly hosts such website' in K.S.A. 50-6,146(a) reach a vendor that provides the 'technology and resources necessary to store and maintain the electronic files' of a third party's website, such as a content delivery network or cloud storage provider, when subsection (h)(4) excludes only an internet service provider?
What it reaches
Age threshold
18
Covered services
Websites where harmful to minors material appears on 25 percent or more of webpages viewed monthly.
How the hook was established
express
What makes it apply
Data subject residence, User location
Obligation class
Age verification, Retention
Verification methods
Third party service
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a commercial entity that knowingly shares or distributes material that is harmful to minors on a website and such material appears on 25% or more of the webpages viewed on such website in any calendar month, or that knowingly hosts such website
What it makes you log
Log retention
A commercial entity found to have knowingly retained it is liable to the individual for damages resulting from the retention, including reasonable attorney fees and costs.
- As of
- Basis
- Fixed
- Prohibits retaining
- Identifying information of the individual, which the commercial entity or a third party that performs the age verification may not retain after access has been granted to the website
Logging duty
K.S.A. 50-6,146(a) requires a commercial entity that shares or distributes material harmful to minors to verify the age of a person attempting to access its website. It does not require a log or record of the check, and it names no audit. Subsection (f) instead bars keeping identifying information after access has been granted.
- Kind
- None
- As of
What this law does
Commercial entities within the coverage test of K.S.A. 50-6,146(a) must verify that Kansas visitors are 18 or older before granting access.
When LexLint raises it
When your app profile says your app publishes adult content.
Back to the example · Lint your app
Page updated .