Senator Jim Banks, a Republican representing Indiana, has introduced a federal age verification bill that would mandate age and identity verification for users accessing platforms where at least one-third of content is classified as sexually explicit. The proposed legislation, named the Safety and Age Filtering Enforcement (SAFE) for Kids Act, includes criminal penalties for violations.

The SAFE for Kids Act: Provisions and Penalties

The SAFE for Kids Act, introduced by Senator Banks on a Wednesday, aims to require "reasonable" age verification and digital identification for access to web platforms containing adult content. This proposal follows a letter sent by Banks to President Donald J. Trump's Justice Department, urging a resumption of obscenity prosecutions.

A review of the bill by AVN indicates that if enacted, it would classify a "covered commercial entity" as any commercial entity that "knowingly and intentionally publishes or distributes on an internet website material, of which greater than 1/3 is sexual material harmful to minors." The legislation defines "sexual material harmful to minors" with three components:

  • The average individual applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal or to pander to the prurient interest.
  • In a manner patently offensive with respect to minors, exploits, is devoted to, or principally consists of descriptions of, actual simulated, or animated displays or depictions of sexual act or sexual contact as defined under United States Code.
  • Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

The bill would subject "any officer, director, or employee ... engaged in the performance of the duties of the individual as an officer, director, or employee" to prosecution. Compliance and enforcement would be vested in the Federal Trade Commission (FTC) and the office of the Attorney General, head of the Justice Department. Acting Attorney General Todd Blanche, who served as Trump's defense attorney during the Stormy Daniels hush money trial, would be responsible for criminal prosecution.

According to the bill's language, criminal penalties would be levied on the owners and operators of platforms found to be in violation of the age verification components. The Attorney General may initiate a criminal investigation and prosecution of a covered commercial entity believed to be knowingly violating the act. Violators could face imprisonment for up to five years, a federal-level felony, and fines of $750,000 for individuals or $1.5 million for organizations. Criminal penalties could also be issued against commercial entities with profits exceeding $1 million attributable to the alleged violation, or against entities or individuals engaged in efforts to deceive or obstruct the Justice Department or the FTC.

The FTC is also granted expansive civil enforcement authority under the bill. The bill establishes a federal private right of action.

Support and Opposition

The expansive coverage of the bill is attributed to several right-wing and far-right activists and think tank personalities involved in the anti-pornography proposals supported by Project 2025. Project 2025 is described as a conservative effort presented as a "plug-and-play" platform for President Trump's potential return to the White House. Kevin Roberts, president of the Heritage Foundation, previously proposed a ban on pornography and the revocation of its First Amendment protections in the Project 2025 blueprint. Russ Vought, director of Trump's Office of Management and Budget and a Project 2025 architect, was recorded stating that age verification laws would serve as a "back door" to achieving a porn ban.

Roberts endorsed the Banks bill, stating that "Congress must act now to protect our children from adult content on the internet. No more excuses." He added that "Americans are angry that their kids are being indoctrinated into a left-wing ideology intended to infiltrate their hearts and corrupt their moral center."

Other organizations backing the SAFE for Kids Act include Project 2025 collaborators Heritage Action, the Ethics and Public Policy Center, the Institute for Family Studies, the National Decency Coalition, the Concerned Women for America, and the Southern Baptist Convention's Ethics & Religious Liberty Commission.

Adult entertainment industry stakeholders have expressed concerns regarding the proposals. Alison Boden, executive director of the Free Speech Coalition (FSC), stated that she was not surprised by the proposal, suggesting that "the usual anti-porn suspects convinced Sen. Banks ... to put his name on yet another unserious messaging bill." She added that while some members of Congress are engaging on the issue in good faith, Jim Banks is not among them.

Adult industry attorney Corey Silverstein acknowledged the goal of protecting minors from adult content but questioned whether government-mandated age verification laws achieve this without creating privacy and free speech concerns for adults. He highlighted risks such as data breaches and chilling lawful expression due to requirements for uploading identification or sensitive personal information.

Lawrence Walters, an attorney specializing in adult entertainment clients, pointed out substantial free speech and privacy concerns when the government seeks to impose mandatory age verification based on content. He noted that while the U.S. Supreme Court has approved one such law in Texas, other similar laws could face constitutional challenges. Walters also emphasized that the bill imposes significant criminal penalties on alleged violators, with obligations specifically applying to officers, directors, and employees of covered website operators, and that the Supreme Court has not considered the constitutional soundness of such a broad criminal prohibition.

Key Facts

  • Senator Jim Banks introduced the federal Safety and Age Filtering Enforcement (SAFE) for Kids Act.
  • The bill requires age and identity verification for platforms with at least one-third sexually explicit content.
  • Violations could lead to federal felony charges, imprisonment up to 5 years, and fines up to $1.5 million.
  • Enforcement would be handled by the Federal Trade Commission and the Attorney General's office.
  • The bill is supported by Project 2025 collaborators, including the Heritage Foundation.
  • Adult industry stakeholders, including the Free Speech Coalition and legal experts, have voiced concerns about free speech and privacy.