(The Center Square) – Preventing children from viewing pornographic content online by requiring sites offering that material to conduct an age check has been proposed by an Indiana lawmaker.
The legislation filed this week by state Sen. Mike Bohacek, R-Michiana Shores, for next year’s session would require site operators to verify the viewer’s age through a mobile credential, a third-party service provider or other reasonable methods. Those who intentionally publish such graphic material without verifying ages face being charged with a Class A misdemeanor. Operators with prior convictions could be charged with a Level 6 felony.
Beyond the potential criminal penalties, the bill would allow parents or guardians of a minor who accesses content on “an adult-oriented website” or any other person to file a civil suit if the operator fails to verify ages.
In a statement, Bohacek said similar measures have been passed by Arkansas, Montana, Virginia and Texas lawmakers.
“States are only just beginning to implement meaningful protections to keep pornographic material away from our children, so it’s important for Indiana to be a leader for others to follow,” Bohacek said. “Today, kids carry the internet in their pocket, so we have to be proactive. This is a way to ensure our kids are using the internet safely.”
Indiana requires operators of other types of websites and mobile applications to verify a user’s age. For example, licensed online sports betting operators must confirm that an individual wishing to create an account is at least 21.
Mark Nicholson, an Indianapolis criminal defense attorney, said he fears “a very dangerous precedent” could be set if Bohacek’s bill becomes law. He believes it’s an effort to keep such content off the internet.
“We have seen time and time again that the two most popular methods used by governments to restrict liberties are inciting fears of terrorism or sexual liberation,” Nicholson said. “Supporters of these types of broad restrictions believe that it will never happen to them. But it will when they have a belief or stance that is unpopular.”
Bohacek said he’s not interested in blocking adult websites from operating.
“Indiana has an opportunity to protect children from many types of pornographic material on the internet by simply limiting access to adults,” he said. “These verification methods aren’t restricting the rights of legal adults, just tightening the law to ensure kids don’t access harmful material.”