Ind. Code ch. 24-4-23

Ind. Code ch. 24-4-23
in effect

Ind. Code § 24-4-23-1 "Adult oriented website"

Sec. 1. As used in this chapter, "adult oriented website" means a publicly accessible website that publishes material harmful to minors, if at least one-third (1/3) of the images and videos published on the website depict material harmful to minors. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.206.

Ind. Code § 24-4-23-2 "Adult oriented website operator"

Sec. 2. As used in this chapter, "adult oriented website operator" means a person that owns or operates an adult oriented website. The term does not include the following: (1) A newspaper or news service that publishes news related information through a website. (2) A cloud service provider. (3) An Internet provider, an affiliate or subsidiary of an Internet provider, or a search engine that: (A) solely provides access or connection to a website or other Internet content that is not under the control of that Internet service provider, affiliate or subsidiary, or search engine; and (B) is not responsible for creating or publishing the content that constitutes material harmful to minors. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.207.

Ind. Code § 24-4-23-3 "Material harmful to minors"

Sec. 3. As used in this chapter, "material harmful to minors" means matter or a performance described in IC 35-49-2-2. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.208.

Ind. Code § 24-4-23-4 "Minor"

Sec. 4. As used in this chapter, "minor" means a person less than eighteen (18) years of age. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.209.

Ind. Code § 24-4-23-5 "Mobile credential"

Sec. 5. As used in this chapter, "mobile credential" has the meaning set forth in IC 9-13-2-103.4. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.210.

Ind. Code § 24-4-23-6 "Person"

Sec. 6. As used in this chapter, "person" means a human being, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.211.

Ind. Code § 24-4-23-7 "Reasonable age verification method"

Sec. 7. As used in this chapter, "reasonable age verification method" means a method of determining that an individual seeking to access a website containing material harmful to minors is not a minor by using one (1) or more of the following methods: (1) A mobile credential. (2) An independent third party age verification service that compares the identifying information entered by the individual who is seeking access with material that is available from a commercially available data base, or an aggregate of data bases, that is regularly used by government agencies and businesses for the purpose of age and identity verification. (3) Any commercially reasonable method that relies on public or private transactional data to verify the age of the individual attempting to access the material. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.212.

Ind. Code § 24-4-23-8 "Transactional data"

Sec. 8. As used in this chapter, "transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records that relate to a mortgage, education, or employment. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.213.

Ind. Code § 24-4-23-9 "Verification information"

Sec. 9. As used in this chapter, "verification information" means all information, data, and documents provided by an individual for the purposes of verification of identity or age under this chapter. As added by P.L.98-2024, SEC.1. Amended by P.L.1-2025, SEC.214.

Ind. Code § 24-4-23-10 Age verification required for adult oriented websites

Sec. 10. An adult oriented website operator may not knowingly or intentionally publish an adult oriented website unless the adult oriented website operator uses a reasonable age verification method to prevent a minor from accessing the adult oriented website. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-11 Cause of action for failure to use age verification on an adult oriented website; damages

Sec. 11. (a) If: (1) an adult oriented website operator knowingly or intentionally publishes an adult oriented website in violation of section 10 of this chapter; and (2) a minor accesses the adult oriented website; the parent or guardian of the minor who accessed the adult oriented website may bring an action against the adult oriented website operator. (b) A parent or guardian who prevails in an action described in this section is entitled to: (1) either: (A) actual damages; or (B) damages of up to five thousand dollars ($5,000); (2) injunctive relief; and (3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-12 Injunctive relief

Sec. 12. (a) If an adult oriented website operator publishes an adult oriented website in violation of section 10 of this chapter, any person may bring an action to seek injunctive relief. (b) A person that brings an action for injunctive relief under this section and prevails is entitled to: (1) injunctive relief; and (2) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-13 Retention of age verification data prohibited

Sec. 13. (a) This section applies to a person that uses or purports to use a reasonable age verification method to grant or deny access to an adult oriented website. (b) A person to which this section applies, and any third party verification service used by a person to which this section applies, may not retain identifying information of the person seeking access to an adult oriented website, unless retention of the identifying information is required by a court order. (c) An individual whose identifying information is retained in violation of this section may bring an action against the person that unlawfully retained the individual's identifying information. An individual who prevails in an action described in this section is entitled to: (1) either: (A) actual damages; or (B) damages of up to five thousand dollars ($5,000); (2) injunctive relief; and (3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-14 Security of age verification data

Sec. 14. Adult oriented website operators must use commercially reasonable methods to secure all information collected and transmitted under this chapter. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-15 Actions by the attorney general

Sec. 15. The attorney general may bring an action under this chapter to obtain any or all of the following against an adult oriented website, accessible by an Indiana resident, that does not implement or properly use a reasonable age verification method: (1) An injunction to enjoin future violations of this chapter. (2) A civil penalty of not more than two hundred fifty thousand dollars ($250,000). (3) The attorney general's reasonable costs in: (A) the investigation of the violations under this chapter; and (B) maintaining the action. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-16 Civil investigative demands

Sec. 16. When the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general is empowered to issue civil investigative demands under IC 4-6-3-3 to investigate the suspected violation. As added by P.L.98-2024, SEC.1.

Ind. Code § 24-4-23-17 Confidentiality of information concerning a minor

Sec. 17. In an action filed under sections 11, 12, 13, and 15 of this chapter, the verification information of a minor who accessed the adult oriented website shall remain confidential. The clerk of the court shall place all records of the minor who accessed the adult oriented website in an envelope marked "confidential" inside the court's file pertaining to the minor. Records placed in the confidential envelope may only be released to: (1) the judge or any authorized staff member; (2) a party and the party's attorney; (3) the parents of a minor who accessed the adult oriented website; or (4) any person having a legitimate interest in the work of the court or in a particular case as determined by the presiding judge or their successor who shall consider the best interests, safety, and welfare of the minor. As added by P.L.98-2024, SEC.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/24Fetched: 10/17/2026

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