Private enforcement suits dismissed for lack of personal jurisdiction; the statute itself remains in force
Kansas SB 394 (Age Verification)
BadLawKS SB 394
Kansas, United States
Kansas, United StatesIn forceHigh threat
- Introduced
- Passed Senate
- Passed House
- Became Law
Kansas's adult-site age check, notable for a lower 25 percent content trigger and both state fines and private lawsuits.
Latest update
Took effect
Current position
In force
What it does
Kansas SB 394 makes any for-profit site verify Kansans are 18 before showing material harmful to minors when such material is 25 percent or more of the pages viewed in a month, a lower bar than the one-third most states use. The Attorney General can fine violators from $500 to $10,000 per violation, and parents and people whose data was kept can also sue.
Why it matters
The 25 percent trigger pulls in more sites than the standard one-third line, so Kansas reaches further than its neighbors. Stacking Attorney General fines on top of private lawsuits gives operators two reasons to demand ID from every visitor.
Our take
Kansas set the widest net in the patchwork with a 25 percent trigger, then handed enforcement to both the state and private plaintiffs. The NCOSE-backed suits filed under it were tossed for jurisdiction, so the courtroom test of the law is still coming.
Timeline
Took effect
LatestSigned into law
Sponsors
Senate Judiciary Committee, Rep. J.R. Claeys
Votes
- Senate — Passed (40 to 0) · February 15, 2024
- House — Passed (92 to 31) · March 26, 2024