West Virginia SB 498

WV SB 498 is an age verification mandate for any online content deemed obscene or pornographic under West Virginia law. The state’s definition of obscenity is fairly standard and “pornographic” is not defined in either the bill or the existing law.

Applies to "commercial adult websites" – defined as any site where sexually explicit material makes up more than 25% of total content.

Requires ALL of the following age verification methods be used:

• Biometric facial recognition through a government-certified system
• Government-issued photo ID
• A valid credit card registered to an adult

Re-authentication is required every 24 hours for continued access.

Enforcement and penalties:

• $1,000,000 per violation for failing to enforce age verification requirements
• $50,000 per day for non-compliance lasting more than 30 days
• Permanent ban from operating in West Virginia + added to a statewide internet blocklist for sites that knowingly allow minor access
• Felony criminal charges for website operators who knowingly violate the law
• Private right of action: Parents/guardians can sue for up to $100,000 per incident

Other noteworthy provisions:

• VPN/proxy blocking required: Sites must actively prevent users from bypassing verification via VPNs, proxy services, or other anonymizing tools.
• Internet blocklist: Non-compliant sites get added to a statewide blocklist
• Burden of proof on the platform: Sites must prove they were compliant – the burden doesn't fall on the plaintiff or AG to prove non-compliance.