Today's Law As Amended

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AB-2511 The Parent’s Internet Accountability and Child Protection Act.(2017-2018)



SECTION 1.

 Title 1.81.5 (commencing with Section 1798.99.1) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.81.5. The Parent’s Internet Accountability and Child Protection Act

1798.99.1.
 (a) (1) A person or business that conducts business in California,  and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.
(2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification.
(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.
(C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b).
(D) Delivering the product or service to an individual who is of legal age.
(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, a review of any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, including, but not limited to, any of the following:
(i) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person.
(ii) A valid passport issued by the United States or by a foreign government.
(iii) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.
(B) Delivering the product or service to an individual who is of legal age.
(4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.
(5) A seller’s reasonable and good faith reliance on bona fide evidence of the purchaser or recipient’s age shall constitute an affirmative defense to any action under this subdivision.
(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include, all of the following:
(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.
(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.
(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.
(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.
(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:
(1) Alcoholic beverages, as referenced in Sections 23003 to 23007, inclusive, and Section 25658 of the Business and Professions Code.
(2) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code.
(3) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.
(4) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.
(5) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.
(6) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.
(7) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.
(d) In an action brought by a public prosecutor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation.
(e) This section shall become operative on January 1, 2020.