An Act to Require
Maine Legislature, Session 132, LD 1873
Committee Amendment CA_A_H722 (House)

COJ\1MITTEE AMENDMENT "A" to H.P. 1244, L·.D. 1873, "An Act to Require 
Age Verification for Online Obscene Matter" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 10 MRSA c, 239 is enacted to read: 
CHAPTER239 
AGE VERIFICATION FOR ONLINE OBSCENE MATTER 
§1500-Y. Age verification for online obscene matter 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following te1ms have the following meanings. 
A. "Business entity" has the same meaning as in Title 24-A, section 1402, subsection 
3-A. 
B. "Intemet service provider" has the same meaning as in Title 5, section 200-B, 
subsection 1-A, paragraph A. 
C. "Obscene matter" has the same meaning as in Title 17, section 2911, subsection 1, 
paragraph D. 
D. "Reasonable age-verification method" means a method for verifying that an 
individual is 18 years of age or older by: 
(1) Requiring the individual to provide a valid, government-issued identification: 
or 
(2) Requiring the individual to comply with any commercially reasonable age-
verification system that relies on transactional data to verify the age of the 
individual. 
Page I - 132LR1231(02) 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT"A" to H.P. 1244, L.D. 1873 
E. "Remote computing service" has the same meaning as in Title 16. section 641. 
subsection 7. 
F. "Substantial po1tion of obscene matter" means. with respect to a website or Internet 
software application, that more than 1/3 of the total material on the website or Internet 
software application is obscene matter. 
• 
2. Age verification required. A business entity that lmowingly or intentionally 
publishes or distributes obscene matter on a website or Internet software application that 
contains a substantial po1tion of obscene matter: 
• 
A. Shall verify that an individual attempting to access obscene matter is 18 years of 
age or older through reasonable age-verification methods; 
B. Shall prevent access to obscene matter by an individual who has not attained 18 
years of age; and 
C. May not retain. and may not permit a 3rd party that pe1forms the age verification 
required by paragraph A to retain. identifying information of an individual after 
verifying the age of the individual. 
3. Exceptions. The requirements of subsection 2 do not apply in the following 
circumstances. 
A. The requirements of subsection 2 do not apply to a bona fide news or public interest 
broadcast. website video, report or event and may not be construed to affect the rights 
of a news-gathering organization. 
B. The requirements of subsection 2 do not apply to an Internet service provider. an 
Internet service provider's affiliates or subsidiaries. a search engine or a· remote 
computing service when that Internet service provider. affiliate, subsidiaiy. search 
engine or remote computing service provides access or connection to or from a website 
or other information or content on the Internet or within a facility, system or network 
not under the Internet service provider's, affiliate's, subsidia1y
1s1 search engine's or 
remote computing service's control. as long as the Internet service provider. affiliate, 
subsidiary. search engine or remote computing service is not responsible for creating 
or manufacturing the obscene matter. 
4. Unfair trade practice. 
A business entity that violates the requirements of 
subsection 2 commits an unfair and deceptive act that is a violation of the Maine Unfair 
Trade Practices Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority rep01t of the committee, replaces the bill. The 
amendment provides that a business entity that lmowingly or intentionally publishes or 
distributes obscene matter on a website or Internet software application for which more 
than 1/3 of the material is obscene matter: 
1. Is required to verify that an individual attempting to access obscene matter is 18 
years of age or older through reasonable age-verification methods; 
COMMITTEE AMENDMENT 
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0:: 
COMMITTEE AMENDMENT" Pr to H.P. 1244, L.D. 1873 
2. Is required to prevent access to obscene matter by an individual who has not attained 
years of age; and 
3. May not retain, and may not permit a 3rd patty that performs the age verification to 
retain, identifying information of an individual after verifying the age of the individual. 
These requirements do not apply to a bona fide news broadcast or public interest 
broadcast, video, rep01t or event or certain Internet service providers or remote computing 
services that are not responsible for the manufacture or creation of the obscene matter. A 
business entity that violates the requirements commits an unfair and deceptive act that is a 
violation of the Maine Unfair Trade Practices Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/25 LRL 
LD 1873 
LR 1231(02) 
An Act to Require Age Verification for Online Obscene Matter 
Fiscal Note for Bill as Amended by Committee Amendment Ir { H-? 2 Z, 
Committee: Judiciary 
. 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system, The additional worldoad associated with· 
minimal number of new cases filed in the comt system does not require additional funding at this time, The collection 
of additional filing fees will increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Office of the Attorney General from the provisions of this bill are expected to be minor 
and can be absorbed within existing budgeted resources. 
LR1231(02) - Fiscal Note - Page 1 of 1