Virginia § 8.01-40.5 - Publishing or distributing material harmful to minors on the Internet
Full text of Virginia Code of Virginia § 8.01-40.5 — Publishing or distributing material harmful to minors on the Internet, with citation guidance and answers to common questions.
§ 8.01-40.5. Publishing or distributing material harmful to minors on the Internet
A. For the purposes of this section:
"Interactive computer service" means the same as that term is defined in § 8.01-49.1.
"Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it (i) appeals to the prurient, shameful, or morbid interest of minors; (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
"Sexual conduct" means the same as that term is defined in § 18.2-390.
“Substantial portion” means more than 33 and one-third percent of total material on a website that meets the definition of material harmful to minors.
B. Any commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall, through the use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification or (ii) another commercially reasonable method of age and identity verification, verify that any person attempting to access such material harmful to minors is 18 years of age or older.
C. Any commercial entity that violates the provisions of this section shall be subject to civil liability for damages resulting from a minor's access to such material harmful to a minor and reasonable attorney fees and costs.
D. Nothing in this section shall be construed to impose an obligation or liability on a provider or user of an interactive computer service on the Internet.
2023, c. 811.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 8.01-40.5
What does Code of Virginia § 8.01-40.5 cover?
Section 8.01-40.5 ("Publishing or distributing material harmful to minors on the Internet") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 8.01-40.5?
A common citation format is "Code of Virginia § 8.01-40.5" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 8.01-40.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.