Indiana

Reasonable age verification method using one or more of the following methods:

• A mobile credential
• An independent third-party age verification service that compares the identifying information entered by the individual who is seeking access with material that is available from a commercially available data base, or an aggregate of data bases, that is regularly used by government agencies and businesses for the purpose of age and identity verification
• Any commercially reasonable method that relies on public or private transactional data (i.e., mortgage, education, or employment)

Adult oriented website operators must use commercially reasonable methods to secure all information collected and transmitted under this chapter.

A person to which this section applies, and any third-party verification service used by a person to which this section applies, may not retain identifying information of the person seeking access to an adult oriented website, unless retention of the identifying information is required by a court order.

Attorney General enforcement:

• Injunctive relief
• A civil penalty of not more than $250,000
• The attorney general’s reasonable costs in the investigation of the violations and maintaining the action

Private right of action: A parent or guardian who prevails in an action described in this section is entitled to:

• Either actual damages or damages of up to $5,000;
• Injunctive relief; and
• Court costs, reasonable attorney’s fees, and other reasonable expenses of litigation, including expert witness fees.