In a statement published Thursday, the Free Speech Coalition (FSC) reminded adult industry stakeholders that West Virginia’s age verification law, HB 4412, takes effect on Friday, June 12, 2026, one week from today.
“Sites accessible in West Virginia should review the law and take steps to comply in order to avoid potential enforcement,” FSC said in the statement, noting that under the new West Virginia law, “any site with 33 1/3% sexual material harmful to minors is required to age-verify visitors.”
“Approved methods include digital identification, government-issued ID, or a commercially reasonable system that verifies age using public or private transactional data,” FSC added. “The West Virginia Office of Technology is authorized (but not required) to propose rules that expand the list of approved methods in the future.”
As explained by FSC, the West Virginia law “creates a private right of action that can be used to sue websites for $10,000 per violation plus damages and costs if they fail to age verify users.” In addition, the “West Virginia Attorney General can sue non-compliant websites to stop violations and collect civil penalties of up to $10,000 per day plus up to $250,000 if a minor actually accesses the site.” The law also provides for the Attorney General to “recover reasonable and necessary attorney’s fees and costs incurred in a civil action.”
The law also includes a statute of limitation for the filing of any civil action, wherein the action must be filed “within five years after the discovery of the violation… or in the exercise of reasonable diligence should have known of the violation.” In addition, the law stipulates that “no civil penalty may be imposed for any violation that occurred prior to the enactment,” of the new law.
“Businesses that may fall under the regulation should review the full bill text, be aware of the risks, and take precautions to protect themselves from potential liability,” FSC added.
You can read the full text of HB 4412 here. For more information about the West Virginia law and other state age verification mandates, go to the FSC’s Age Verification FAQ.
