Texas passed an age verification law that requires proof that a visitor is an adult to access pornographic websites.
Age Verification Law in Texas
House Bill 1181 was signed into law on June 12, 2023, and was slated to into effect on September 1, 2023. The law requires adult websites to use “reasonable age verification methods” to make sure a person accessing their website is at least 18 years old.
The verification system could be based on government-issued identification or a “commercially reasonable method that relies on public or private transactional data” to verify the age of the visitor. The law further required the websites to post a dubious warning that pornography is addictive, that exposure to pornography could result in body image and mental health issues, and increase the demand for child exploitation.
Age Verification Law Challenged
A challenge to the law was successful, at least initially. The law was challenged in federal court by the Free Speech Coalition, which is a nonprofit trade association made up of performers, producers, distributors, and retailers of adult content. The Coalition is supported adult websites such as PornHub and Xnxx. The basis for the challenge was the law was overboard and failed the strict scrutiny test applied to free speech. The federal district court granted the injunction and prevented the Texas Attorney General from enforcing the newly enacted law.
The Age Verification Law in Texas is Currently Enforceable
Then on November 14, 2023 the United States Fifth Circuit vacated the injunction. In other words, the court of appeals disagreed with the district court so Texas can now enforce the new law. The penalties for distributing adult content without complying with this law is a fine of up to $10,000 daily for failing to verify the age of users and fine of up to $250,000 per day if at least one child is exposed to pornographic material.
In some states, some sites stopped serving content to users rather than forcing visitors to verify their identity and provide proof of their age. For example, Pornhub has blocked visitors in North Carolina, Montana, and Utah.
How Easy is it to Avoid Age Verification?
How effective is the feel-good legislation? Engadget is reporting searches for VPNs, which obfuscate a visitor’s location, are suddenly on the rise where laws similar to this one are being enforced.
Is pornography legal in Texas?
Pornography is generally legal in Texas. There are, however, instances where pornography can become illegal:
- Child pornography is of course illegal both at the state and federal level.
- The sale or display of any pornography to a minor is also illegal.
While viewing revenge porn is not illegal, sharing it and promoting it is.
In other words, it is legal for an adult in Texas to watch pornography depicting consenting adults.
If you’ve been charged with a pornography-related charge in North Texas, give us a call at (817) 203-2220. We have a track record of success in state and federal court.