SB 792
Establishes the Protect Children from Pornography Act
LR Number:
Last Action:
2/13/2020 - Second Read and Referred S Seniors, Families and Children Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2020

Current Bill Summary

SB 792 - This act establishes the Protect Children from Pornography Act.


This act provides that a person who manufactures, sells, offers for sale, leases, or distributes an internet enabled product in this state shall not do so unless the internet enabled device contains active and properly operating blocking software that renders inaccessible certain websites known to facilitate human trafficking and prostitution, display child or revenge pornography, or obscene material. This act does not apply to distributors who are not engaged in the regular business of selling internet enabled devices, devices which are internet enabled after the sale, or independent third party routers.

The Attorney General or a prosecuting attorney may seek injunctive relief from a distributor that allows access to the internet in violation of the provisions of this act. A distributer in violation of the provisions of this act shall be subject to a penalty of not more than $10 thousand for the first offense and not more than $30 thousand for any subsequent offense. A distributor who commits more than two separate offenses is guilty of a misdemeanor and subject to imprisonment of less than one year.

Additionally, a distributor, in certain situations, shall deactivate the blocking software in a product as provided in the act. If a website is not displaying content that is prohibited under this act and the blocked website is reported to a distributor, the website shall be unblocked no later than 5 days after the block is reported.


This act establishes the "Human Trafficking and Child Exploitation Grant Fund". The money will be used for grants to government and non-government entities that advance programs for victims of child exploitation. This includes providing grants for rape-kit testing, physical and mental health services, and other programs as provided in the act.

Fees paid to distributors and adult entertainment establishments will be remitted to the Fund. A one-time $25 deactivation fee paid by a person who purchased or leased an internet enabled product from a distributor will be remitted to the Fund. Additionally, a $5 admission fee for entry into an adult entertainment establishment will be remitted to the State Treasurer and deposited into the Fund. Each adult entertainment establishment will record daily in a manner provided by the State Treasurer the number of customers admitted to the business. The business will maintain the records for a certain period and make the records available for inspection and audit by the State Treasurer. No personal information of customers will be included in the report.


The Attorney General or any person may file a civil suit if a distributor that is subject to this act fails to block obscene material or access to a prohibited website within 5 days after receiving a report that obscene material has breached blocking software or that a prohibited website is accessible through a product manufactured, sold, leased, traded, or distributed by a distributor. The Attorney General or person who files the civil suit may seek damages up to $30 thousand for each website not blocked within five days after it is reported. A distributor has an affirmative defense that the content is justified if it has scientific, educational, or other similar justifications for displaying the material.



No Amendments Found.