Law / United States / Louisiana

Act 440 (HB 142), age verification for material harmful to minors

La. R.S. 9:2800.28

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What follows is LexLint's own research summary of this law, not legal advice.

In force since 1 January 2023.

An adult content age verification (AV) rule binding private bodies.

As of 2 September 2026.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Commercial entities whose websites contain a substantial portion (one third or more) of material harmful to minors must perform reasonable age verification of Louisiana visitors. A 2024 amendment added Attorney General enforcement alongside the original private right of action.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Penalties

Private civil action for damages resulting from a minor's access, plus attorney fees and court costs, with no fixed statutory amount; a 2024 amendment lets the Attorney General fine noncompliant sites up to $5,000 per day and, for a knowing violation, an additional $10,000 per violation, both paid to the state, not the private plaintiff.

Penalty structure

A civil penalty of up to $5,000 per day of violation, assessed by the court in an action the Attorney General may bring, after a 30-day cure period, under a companion statute enacted alongside this Section: La. R.S. 51:2121 (2023 La. Acts No. 216, HB 77). An additional civil penalty of up to $10,000 per violation applies where the entity is found to have knowingly failed to perform reasonable age verification. Both penalties are paid to the Department of Justice to fund cyber-crime investigations, not to a private plaintiff.

Rule
Per violation only
As of
2 September 2026
Currency
USD
Per violation unit
Day
Per violation amount
5,000

Over one month of continuous breach, USD 152,200.

Who enforces it

Enforcement body

Louisiana Attorney General, who may investigate and bring a civil penalty action in the Nineteenth Judicial District Court (East Baton Rouge Parish) under a companion statute, La. R.S. 51:2121 (2023 La. Acts No. 216, HB 77); this Section (R.S. 9:2800.28) also arms an individual with a private right of action for damages.

What it reaches

Age threshold

18

Covered services

Websites containing a substantial portion of material harmful to minors.

Obligation class

Age verification, Retention

Verification methods

Gov ID, Digital ID, Transactional data

When LexLint raises it

  • publishes_adult_content

Read the law

official Louisiana Revised Statutes enrolled act text

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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