Today's Law As Amended

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AB-2511 The Parent’s Social Media 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 Social Media Accountability and Child Protection Act

1798.99.1.
 (a) (1) A person or business that conducts business in California, that operates an Internet Web site or application that seeks to use a minor’s name, picture, or any information about the minor on a social media Internet Web site or application pursuant to an arrangement in which the person or business is paid by a third party to display the minor’s name, picture, or information that could reasonably identify the minor shall not do so without obtaining prior parental consent, which shall be separate from the social media Internet Web site or the application’s general terms and conditions. The failure of a parent to provide the parental consent to the use of the minor’s name, picture, or information shall not result in any minor being denied access to the social media Internet Web site or application.
(2) Parental consent shall not be obtained through the minor.
(b) A person or business that conducts business in California, that operates an Internet Web site or application, and that seeks to sell any product or service that is illegal under state law to sell to a minor, as described in subdivision (c), shall:
(1) Notwithstanding any general term condition, take reasonable steps to verify the age of the purchaser.
(2) Not deliver, or cause to be delivered, any proscribed products or services, as described in subdivision (c), to a person under 18 years of age, or, in the case of alcohol, under 21 years of age.
(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (b) 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) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.
(4) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(5) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(6) Any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or 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.
(7)  A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.
(8) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code.
(9) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.
(10) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.
(11) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.
(12) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code.
(13) Obscene matter, as referenced in Section 311 of the Penal Code.
(14) 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.