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Kansas Age Verification Law: SB 394 Requirements Explained

Independently fact-checkedBy Recording Law Editorial Team8 min read
Kansas Age Verification Law: SB 394 Requirements Explained

Frequently Asked Questions

Is porn banned in Kansas?

No. SB 394 requires covered websites to verify a visitor's age before granting access; it does not prohibit adults from viewing the material once verified.

What is the correct citation for Kansas's age-verification law?

SB 394 (2024 Kan. Sess. Laws ch. 28). A commonly repeated citation, K.S.A. section 21-6425, is confirmed wrong; that section covers misuse of nonpublic sports information and has nothing to do with age verification.

Has Kansas's age-verification law been struck down?

No. Several private lawsuits against specific adult sites have been dismissed for lack of personal jurisdiction over foreign defendants, which is a procedural ruling about where a defendant can be sued, not a ruling on whether SB 394 itself is constitutional. The statute has not been enjoined or struck down.

Who can sue over a violation of Kansas's law?

A parent or guardian of a minor has a private right of action with statutory damages of not less than $50,000 per violation, plus actual damages. The Attorney General can separately pursue civil penalties.

What threshold triggers Kansas's age-verification requirement?

A website is covered when material harmful to minors appears on 25 percent or more of the webpages viewed on that site in a calendar month, a different formula than the roughly one-third of total content test some other states use.

Is Attorney General Kobach's lawsuit against SARJ LLC still active?

It was reported as ongoing as of this research, but this research did not independently reconfirm its current status.

Does Kansas regulate app stores under a separate law?

No Kansas App Store Accountability Act was found in this research.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. 2024 Kansas Session Laws, Chapter 28 (SB 394)(sos.ks.gov).gov
  2. K.S.A. 21-6425, Misuse of Nonpublic Sports Information(ksrevisor.gov).gov
  3. K.S.A. 50-636, Kansas Consumer Protection Act civil penalties(ksrevisor.gov).gov
  4. Anti-Porn Center Files Four Lawsuits Under Kansas Age-Verification Law(yahoo.com)
  5. Kansas Parent Sues Four Porn Sites Under Age-Verification Law(kcur.org)
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