Sponsor says civil cause of action for minors is ‘civil component’; bill generates pushback

Senate debate on first substitute SB 185 centered on adding a civil cause of action for minors who allege harm from explicit online material. The sponsor described the bill as a civil remedy that complements existing criminal prohibitions, not a restriction on constitutionally protected speech.

On the floor the sponsor told colleagues the proposal would allow minors (or someone acting on their behalf) to file suit alleging damages, and that plaintiffs would need to prove damages consistent with other product-liability claims — likely requiring expert testimony. The bill includes a safe harbor for companies that take reasonable, good-faith steps to age-verify and to warn consumers that content may be harmful to minors. The sponsor said earlier versions contained proposed warning language; the current approach allows companies to choose their own warning text.

Floor questions focused on the bill’s scope — whether it would reach consensual exchanges between minors ("sexting") and how civil liability would interact with existing criminal law. The sponsor told colleagues he did not believe the measure would sweep into private exchanges and emphasized it seeks to create a civil pathway rather than criminalize additional speech.

Clerk records show the first substitute, SB 185, received 26 yea votes and 0 nay votes with 3 absent and will be transmitted to the House. The floor record includes extended sponsor remarks describing policy intent and repeated references to earlier committee discussion and public feedback.