Virginia
Virginia Age Verification Law: Two Separate Statutes, One Lobbying Push
Virginia has two entirely separate age-verification statutes, passed in different years by different bills, that some news coverage blends together. The 2023 law requiring adult websites to verify visitors are 18 or older remains in force and unchallenged. The 2025 law limiting minors' social media use was blocked by a federal judge in February 2026 and remains enjoined on appeal.
Information last verified on 2026-08-13. This article has not yet been reviewed by a licensed lawyer.
Two Statutes, Not One: Why Virginia's Law Isn't Singular
Virginia is the cluster's clearest example of two genuinely independent age-verification statutes rather than one bill split into two chapters. Georgia's two regimes came from a single 2024 bill. Virginia's came from two different bills in two different legislative sessions addressing two different subjects: a 2023 harmful-to-minors civil-liability statute, and a 2025 amendment to the state's consumer-data-privacy law aimed at social media. Search demand for "Virginia age verification law repeal" and headlines about a "court blocking Virginia's age verification law" almost always describe the second statute, not the first, and conflating the two produces a genuinely wrong answer about which one is currently enforceable.
| Adult content (§ 8.01-40.5) | Social media (SB 854 / VCDPA) | |
|---|---|---|
| Bill | SB 1515 (2023) | SB 854 (2025) |
| Effective date | July 1, 2023 | Set for January 1, 2026; enjoined Feb. 27, 2026 |
| What it covers | Sites where more than 33.33% of content is material harmful to minors | Age determination and a 1-hour daily cap for social media users under 16 |
| Enforcement mechanism | Private civil liability (damages plus attorney fees) | Would have been state-level, if in effect |
| Litigation status | Unchallenged; subject of a 2026 industry repeal request, not a lawsuit | Preliminarily enjoined, NetChoice v. Jones, 4th Cir. appeal pending, no ruling |
The Adult-Content Law: In Force Since 2023
Virginia Code section 8.01-40.5, enacted through 2023's Senate Bill 1515, requires a commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on a website where a "substantial portion," more than 33.33 percent, of the content is such material, to verify that anyone accessing it is 18 or older. Acceptable verification methods include a commercially available database regularly used by businesses or government for age-and-identity verification, or another commercially reasonable method. The statute exempts interactive computer service providers and users from liability under subsection D.
Unlike most of its peer states, Virginia enforces this requirement through private civil liability rather than a state agency's fixed penalty schedule: a covered site that fails to verify can be sued for damages resulting from a minor's access, plus reasonable attorney fees and costs, rather than facing a per-violation fine from the Attorney General the way Georgia, Florida, Missouri, and Ohio's statutes work. The law took effect July 1, 2023. Pornhub blocked Virginia visitors ahead of that date rather than build a compliant verification system, and no lawsuit against the statute itself has surfaced in more than three years it has been in force.
The Social-Media Law: Preliminarily Enjoined
Senate Bill 854, from the 2025 session, amended the Virginia Consumer Data Protection Act to require social media platforms to use "commercially reasonable methods" to determine whether a user is under 16, and to limit such minors to one hour of daily platform use unless a parent or guardian verifiably consents to a higher limit.
NetChoice sued in NetChoice v. Jones in the Eastern District of Virginia. U.S. District Judge Patricia Tolliver Giles granted a preliminary injunction on February 27, 2026, finding the law was not narrowly tailored: it would have required all users, including adults, to verify their age before accessing constitutionally protected speech, and it could bar minors from more than an hour of otherwise-lawful content, so it failed strict scrutiny despite Virginia's compelling interest in protecting youth mental health. Attorney General Jay Jones filed a notice of appeal to the 4th Circuit on March 3, 2026, and Virginia's opening brief was filed April 15, 2026. As of the most recent sources located for this article, from July 2026, Virginia had separately asked the 4th Circuit to stay the injunction pending appeal, a request NetChoice was actively opposing, with no ruling on either the stay request or the underlying merits appeal. According to the sources reviewed here, the social-media law has never actually been enforced.
The 2026 Pornhub Letter: Lobbying for Repeal, Not a Lawsuit
In July 2026, Pornhub sent a letter to Governor Spanberger and Attorney General Jay Jones describing the 2023 adult-content law as "performative, ineffective, and unenforceable" and asking the state to pursue its repeal through the General Assembly. That is a request directed at elected officials, not a court filing. No repeal bill has passed as of this writing, and Virginia Code section 8.01-40.5 remains in force. This letter and its subject matter are entirely separate from the NetChoice v. Jones litigation described above, which concerns the different, 2025 social-media statute.
What This Means If You Live in Virginia or Run a Website There
If you operate a commercial site where more than a third of the content is material harmful to minors, Virginia's age-verification requirement under section 8.01-40.5 has applied since 2023 and remains enforceable through private civil suits; it has not been repealed or blocked, despite the 2026 lobbying letter asking for its repeal. If you operate a social media platform, the age-determination and screen-time requirements under SB 854 remain blocked by a federal injunction while Virginia's appeal is pending, so they are not currently enforceable. For how Virginia regulates personal data more broadly, see Virginia data privacy laws.
Disclaimer
This article provides general information about Virginia's age-verification statutes. It is not legal advice and does not create an attorney-client relationship. The social-media law's appeal remains open and its outcome could change the enforceable status described above; verify current status with the Virginia Attorney General's office, the 4th Circuit's docket, or a licensed Virginia attorney before relying on anything here for a specific situation.
Related Articles
- Age Verification Laws by State
- Georgia Age Verification Law
- Florida Age Verification Law
- Virginia Data Privacy Laws
Last updated: 2026-08-13.
Frequently Asked Questions
Is Virginia's age-verification law for adult sites still in effect?
Yes. Virginia Code section 8.01-40.5 has required adult-content sites to verify visitors are 18 or older since July 1, 2023, and no lawsuit against it has been found in this research.
Has Virginia repealed its age-verification law?
No. As of this writing, Pornhub has lobbied Virginia's governor and attorney general to seek repeal of the 2023 adult-content law, but no repeal bill has passed. That is separate from a different, 2025 social-media statute that a federal court has enjoined.
Is Virginia's social-media age-verification law currently enforced?
No. A federal judge preliminarily enjoined it on February 27, 2026, in NetChoice v. Jones, and Virginia's appeal to the 4th Circuit remains pending with no ruling as of this writing.
What is the difference between Virginia's two age-verification laws?
Virginia Code section 8.01-40.5 (2023, Senate Bill 1515) covers adult-content websites and is enforced through private civil liability. Senate Bill 854 (2025) amended the Virginia Consumer Data Protection Act to add social-media age-determination and screen-time rules for minors, and it remains enjoined.
Why is Pornhub lobbying to repeal Virginia's age-verification law?
In a July 2026 letter to Virginia's governor and attorney general, Pornhub called the 2023 adult-content law 'performative, ineffective, and unenforceable' and asked the state to pursue repeal through the General Assembly. That is advocacy directed at lawmakers, not a court case, and no repeal bill has passed.
Can Virginia's social-media law still take effect?
Possibly. The preliminary injunction blocks enforcement while Virginia's appeal to the 4th Circuit is pending. If Virginia wins that appeal, or a later ruling on the merits, the law could become enforceable, but no ruling had been issued as of this writing.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Va. Code Ann. 8.01-40.5, Publishing or distributing material harmful to minors on the Internet(law.lis.virginia.gov).gov
- Virginia Mercury, "Ahead of new age verification law, Pornhub blocks access in Virginia" (Jun. 29, 2023)(virginiamercury.com)
- Axios Richmond, "Virginia, Pornhub, and the block: age-verification and VPN searches" (Jul. 30, 2026)(axios.com)
- DLA Piper Privacy Matters, "Virginia's social media time-limit law for minors blocked: key takeaways"(privacymatters.dlapiper.com)
- Hunton Andrews Kurth, "Virginia appeals preliminary injunction barring enforcement of age-based restrictions on social media use"(hunton.com)
- MediaPost, "Tech industry battles Virginia over social media time limits"(mediapost.com)