{
  "batch": "159-fl-id-record-keeping-duties-in-state",
  "articles": [
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_no_2257_analog",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether a Florida statute independently requires a producer to verify and retain proof of a performer's age and identity (state analog to 18 U.S.C. 2257)",
      "summary": "[Unverified - being checked] F.S. 827.071 criminalizes using a child in a sexual performance and promoting, soliciting, or possessing child sexual abuse material but imposes no independent duty on producers to verify or retain performers' age and identity records.",
      "body": "F.S. 827.071 criminalizes using a child in a sexual performance and promoting, soliciting, or possessing child sexual abuse material but imposes no independent duty on producers to verify or retain performers' age and identity records.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.”\n\nNote: 827.071 sets felony crimes and penalties for use, aggravated use, promotion, possession with intent to promote, and solicitation/possession/intentional viewing of child sexual performance or child sexual abuse material, but contains no record-keeping, age-verification, or identity-retention provision for producers. Current text amended most recently by ch. 2026-18 and ch. 2026-20.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0827/Sections/0827.071.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 827.071",
      "topic": "Whether a Florida statute independently requires a producer to verify and retain proof of a performer's age and identity (state analog to 18 U.S.C. 2257)",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_847_012_usesminor",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether the Florida obscenity chapter imposes record-keeping or only a prohibition on using minors in production",
      "summary": "[Unverified - being checked] F.S. 847.012 prohibits selling or renting harmful materials to minors and knowingly using a minor in the production of such material, but contains no state record-keeping or age-verification-retention requirement for producers of explicit content.",
      "body": "F.S. 847.012 prohibits selling or renting harmful materials to minors and knowingly using a minor in the production of such material, but contains no state record-keeping or age-verification-retention requirement for producers of explicit content.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors.”\n\nNote: Any person violating any provision of s. 847.012 commits a felony of the third degree (s. 847.012(6)). No provision requires retaining proof of performers' age or identity.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.012.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 847.012",
      "topic": "Whether the Florida obscenity chapter imposes record-keeping or only a prohibition on using minors in production",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_847_001_adulttheaterdef",
      "category": "Safety",
      "title": "[Unverified - being checked] Florida F.S. 847.001(2)(b): Definition of adult theater, the entity subject to the state record-keeping duty in F.S. 450.045(3)",
      "summary": "[Unverified - being checked] F.S. 847.001(2)(b) defines adult theater as an enclosed building or space presenting performances emphasizing specific sexual activities for observation by patrons and restricting or purporting to restrict admission to adults; F.S. 450.045(3) applies its record duty to that defined entity.",
      "body": "F.S. 847.001(2)(b) defines adult theater as an enclosed building or space presenting performances emphasizing specific sexual activities for observation by patrons and restricting or purporting to restrict admission to adults; F.S. 450.045(3) applies its record duty to that defined entity.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(b) \"Adult theater\" means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults, or any business that features a person who engages in specific sexual activities for observation by a patron, and which restricts or purports to restrict admission to only adults.”\n\nNote: Related definitions in s. 847.001(2): adult entertainment establishment includes adult bookstore, adult theater, special cabaret, and unlicensed massage establishment. The adult theater record duty in F.S. 450.045(3) incorporates the s. 847.001(2)(b) definition.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/Sections/0847.001.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(b) \"Adult theater\" means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults, or any business that features a person who engages in specific sexual activities for observation by a patron, and which restricts or purports to restrict admission to only adults.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 847.001(2)(b)",
      "topic": "Definition of adult theater, the entity subject to the state record-keeping duty in F.S. 450.045(3)",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_787_30_agecheck",
      "category": "Safety",
      "title": "Florida's independent age-identification check duty for adult entertainment establishments hiring performers",
      "summary": "F.S. 787.30 independently requires an owner, manager, employee, or contractor of an adult entertainment establishment who permits a person to perform as an entertainer or work in any capacity to carefully check the person's driver license or identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card, but does not require retaining those records.",
      "body": "F.S. 787.30 independently requires an owner, manager, employee, or contractor of an adult entertainment establishment who permits a person to perform as an entertainer or work in any capacity to carefully check the person's driver license or identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card, but does not require retaining those records.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(3) An owner, a manager, an employee, or a contractor of an adult entertainment establishment who permits a person to perform as an entertainer or work in any capacity for the establishment shall carefully check the person's driver license or identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the person and act in good faith and in reliance upon the representation and appearance of the person in the belief that the person is 21 years of age or older.”\n\nNote: This is an ID-check duty at hiring, not a retention duty; retention for adult theaters is separately set in F.S. 450.045(3). History: s. 9, ch. 2024-184.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.30.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(3) An owner, a manager, an employee, or a contractor of an adult entertainment establishment who permits a person to perform as an entertainer or work in any capacity for the establishment shall carefully check the person's driver license or identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the person and act in good faith and in reliance upon the representation and appearance of the person in the belief that the person is 21 years of age or older.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 787.30 (added by s. 9, ch. 2024-184)",
      "topic": "Florida's independent age-identification check duty for adult entertainment establishments hiring performers",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_450_045_adulttheater",
      "category": "Safety",
      "title": "Florida F.S. 450.045(3): Independent state record-keeping duty: adult theater identity and age records for employees and independent contractors",
      "summary": "F.S. 450.045(3) independently requires adult theaters to obtain and keep on record proof of identity and age of each employee or independent contractor, verify the identification document's validity with the issuer, retain the records during the relationship and for at least 3 years after it ends, and permit unannounced inspection; violation is a felony of the third degree.",
      "body": "F.S. 450.045(3) independently requires adult theaters to obtain and keep on record proof of identity and age of each employee or independent contractor, verify the identification document's validity with the issuer, retain the records during the relationship and for at least 3 years after it ends, and permit unannounced inspection; violation is a felony of the third degree.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(b) The adult theater shall obtain and keep on record a photocopy of the person's driver license or state or federal government-issued photo identification card, along with a record of the verification of the validity of the identification and age verification document with the issuer, during the entire period of employment or business relationship with the independent contractor and for at least 3 years after the employee or independent contractor ceases employment or the provision of services.”\n\nNote: This is Florida's closest independent analog to a producer-side age-and-identity record duty, but it is confined to employees and independent contractors of adult theaters. History of s. 450.045(3): s. 5, ch. 2014-160; s. 10, ch. 2019-152; s. 2, ch. 2023-86.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0450/Sections/0450.045.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(b) The adult theater shall obtain and keep on record a photocopy of the person's driver license or state or federal government-issued photo identification card, along with a record of the verification of the validity of the identification and age verification document with the issuer, during the entire period of employment or business relationship with the independent contractor and for at least 3 years after the employee or independent contractor ceases employment or the provision of services.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 450.045(3)",
      "topic": "Independent state record-keeping duty: adult theater identity and age records for employees and independent contractors",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_ageverification_online",
      "category": "Safety",
      "title": "Florida F.S. 501.1737 (s. 2, ch. 2024-42): State age verification for online access to material harmful to minors; whether it imposes performer record-keeping",
      "summary": "F.S. 501.1737 requires a commercial entity that knowingly and intentionally publishes or distributes a substantial portion of material harmful to minors on a website or application to use anonymous age verification or standard age verification to verify that a person attempting access is 18 or older and to prevent access by persons younger than 18, but it does not require producers of explicit content to create or retain performer age/identity records.",
      "body": "F.S. 501.1737 requires a commercial entity that knowingly and intentionally publishes or distributes a substantial portion of material harmful to minors on a website or application to use anonymous age verification or standard age verification to verify that a person attempting access is 18 or older and to prevent access by persons younger than 18, but it does not require producers of explicit content to create or retain performer age/identity records.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors, must use either anonymous age verification or standard age verification to verify that the age of a person attempting to access the material is 18 years of age or older and prevent access to the material by a person younger than 18 years of age. The commercial entity must offer anonymous age verification and standard age verification, and a person attempting to access the material may select which method will be used to verify his or her age.”\n\nNote: Violations are actionable solely by the Department of Legal Affairs on behalf of a resident minor; the department may collect a civil penalty of up to $50,000 per violation (s. 501.1737(5)(a)), and a commercial entity that fails to prohibit a minor's access after a report may be liable for damages of up to $10,000 (s. 501.1737(5)(c)). No performer record-keeping duty. History: s. 2, ch. 2024-42; s. 3, ch. 2024-54.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.1737.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors, must use either anonymous age verification or standard age verification to verify that the age of a person attempting to access the material is 18 years of age or older and prevent access to the material by a person younger than 18 years of age. The commercial entity must offer anonymous age verification and standard age verification, and a person attempting to access the material may select which method will be used to verify his or her age.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 501.1737 (s. 2, ch. 2024-42)",
      "topic": "State age verification for online access to material harmful to minors; whether it imposes performer record-keeping",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_1738_nonretention",
      "category": "Safety",
      "title": "Florida F.S. 501.1738 (s. 3, ch. 2024-42): State rule on retention of identifying information in anonymous age verification",
      "summary": "F.S. 501.1738 prohibits a third party performing anonymous age verification from retaining personal identifying information used to verify age once verification is complete, the opposite of a record-retention duty.",
      "body": "F.S. 501.1738 prohibits a third party performing anonymous age verification from retaining personal identifying information used to verify age once verification is complete, the opposite of a record-retention duty.\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(2) A third party conducting anonymous age verification pursuant to this section: (a) May not retain personal identifying information used to verify age once the age of an account holder or a person seeking an account has been verified.”\n\nNote: An action for a violation of s. 501.1738 may be brought solely by the department (s. 501.1737(5)(b)). History: s. 3, ch. 2024-42.",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.1738.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(2) A third party conducting anonymous age verification pursuant to this section: (a) May not retain personal identifying information used to verify age once the age of an account holder or a person seeking an account has been verified.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida F.S. 501.1738 (s. 3, ch. 2024-42)",
      "topic": "State rule on retention of identifying information in anonymous age verification",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_administrativecode_244",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether Florida's administrative code imposes producer record-keeping for performers of explicit content",
      "summary": "[Unverified - being checked] Florida Administrative Code Chapter 2-44, implementing F.S. 501.1737, defines age-verification methods and the Department of Legal Affairs' enforcement authority for online access to material harmful to minors but imposes no record-keeping or identity-retention duty on producers of explicit content.",
      "body": "Florida Administrative Code Chapter 2-44, implementing F.S. 501.1737, defines age-verification methods and the Department of Legal Affairs' enforcement authority for online access to material harmful to minors but imposes no record-keeping or identity-retention duty on producers of explicit content.\n\nWhat Cornell Legal Information Institute (LII), Florida Administrative Code actually says:\n\n“(1) Willful disregard of a person's age constitutes a knowing or intentional violation of Section 501.1737, F.S. (2) The department will take action under part II of chapter 501, F.S., against a third party that performs age verification in violation of Section 501.1738, F.S.”\n\nNote: Rules 2-44.001 (definitions and calculation of the proportion of material) and 2-44.002 (state enforcement), adopted effective 10/23/2024 under rulemaking authority in F.S. 501.1737(10). No performer-record or identity-retention provision was found in the chapter.",
      "source_type": "official",
      "source_link": "https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-2-44-002",
      "last_verified": "2026-09-07",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Cornell Legal Information Institute (LII), Florida Administrative Code",
      "evidence_quote": "(1) Willful disregard of a person's age constitutes a knowing or intentional violation of Section 501.1737, F.S. (2) The department will take action under part II of chapter 501, F.S., against a third party that performs age verification in violation of Section 501.1738, F.S.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida Administrative Code Chapter 2-44 (rules 2-44.001, 2-44.002)",
      "topic": "Whether Florida's administrative code imposes producer record-keeping for performers of explicit content",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_florida_no_independent_producer_2257",
      "category": "Safety",
      "title": "[Unverified - being checked] Negative finding: no Florida statute independently imposes a section-2257-style producer duty to verify and retain proof of performers' age and identity for explicit content",
      "summary": "[Unverified - being checked] No Florida statute examined (F.S. 827.071, 847.012, 847.001, 501.1737, 501.1738, 787.30, 450.045) independently requires producers of explicit content to verify and retain records of performers' age and identity for general adult content; the only such retention duties are the adult-theater employee/independent contractor records in F.S. 450.045(3).",
      "body": "No Florida statute examined (F.S. 827.071, 847.012, 847.001, 501.1737, 501.1738, 787.30, 450.045) independently requires producers of explicit content to verify and retain records of performers' age and identity for general adult content; the only such retention duties are the adult-theater employee/independent contractor records in F.S. 450.045(3).\n\nWhat Florida Legislature, Online Sunshine actually says:\n\n“(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.”\n\nNote: Established by reading the full text of the child-sexual-performance statute (827.071), the obscenity chapter 847 (definitions 847.001, prohibition 847.012), the online age-verification statutes 501.1737/1738, the adult-entertainment employment statute 787.30, and the adult-theater records statute 450.045; none contains a producer performer-record requirement analogous to 18 U.S.C. 2257. Retained age-verification records for adult-theater employees are kept on file at the establishment and are subject to the department's unannounced inspection (s. 450.045(3)(c)).",
      "source_type": "official",
      "source_link": "https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0827/Sections/0827.071.html",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Florida Legislature, Online Sunshine",
      "evidence_quote": "(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Florida law generally (F.S. Chs. 450, 501, 787, 827, 847)",
      "topic": "Negative finding: no Florida statute independently imposes a section-2257-style producer duty to verify and retain proof of performers' age and identity for explicit content",
      "applies_to_country": "US",
      "applies_to_scope": "State of Florida",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_idaho_no_2257_analog",
      "category": "Safety",
      "title": "Whether an Idaho statute independently requires a producer to verify and retain proof of a performer's age and identity (state analog to 18 U.S.C. 2257)",
      "summary": "Idaho Code 18-1507 criminalizes possessing, producing, promoting, and distributing sexually exploitative material involving children (felonies, with a narrow adolescent-sexting misdemeanor carve-out), but imposes no state duty on producers to verify or retain performers' age and identity records.",
      "body": "Idaho Code 18-1507 criminalizes possessing, producing, promoting, and distributing sexually exploitative material involving children (felonies, with a narrow adolescent-sexting misdemeanor carve-out), but imposes no state duty on producers to verify or retain performers' age and identity records.\n\nWhat Idaho State Legislature (legislature.idaho.gov) actually says:\n\n“(2) A person commits sexual exploitation of a child if he knowingly and willfully: (a) Possesses or accesses through any means, including but not limited to the internet, any sexually exploitative material; or (b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or (c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or (d) Distributes through any means, including but not limited to mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material.”\n\nNote: Penalties: a violation of subsection (2)(a) is a felony punishable by up to ten (10) years' imprisonment or a fine of up to ten thousand dollars ($10,000), or both; a violation of subsections (2)(b), (c), or (d) is a felony punishable by up to thirty (30) years' imprisonment or a fine of up to fifty thousand dollars ($50,000), or both. No record-keeping provision. Amended most recently by 2024 ch. 194, sec. 1.",
      "source_type": "official",
      "source_link": "https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH15/SECT18-1507/",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Idaho State Legislature (legislature.idaho.gov)",
      "evidence_quote": "(2) A person commits sexual exploitation of a child if he knowingly and willfully: (a) Possesses or accesses through any means, including but not limited to the internet, any sexually exploitative material; or (b) Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or (c) Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or (d) Distributes through any means, including but not limited to mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Idaho Code 18-1507 (sexual exploitation of a child)",
      "topic": "Whether an Idaho statute independently requires a producer to verify and retain proof of a performer's age and identity (state analog to 18 U.S.C. 2257)",
      "applies_to_country": "US",
      "applies_to_scope": "State of Idaho",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-id"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_idaho_1507c_visualrepresentations",
      "category": "Safety",
      "title": "Whether Idaho's 2024 visual-representations statute imposes record-keeping on producers",
      "summary": "Idaho Code 18-1507C makes it a felony to knowingly produce, distribute, receive, possess, or access a visual depiction, including a video or image created using generative AI or machine learning, that depicts a child engaging in explicit sexual conduct and is obscene, but imposes no record-keeping or age-verification duty on producers.",
      "body": "Idaho Code 18-1507C makes it a felony to knowingly produce, distribute, receive, possess, or access a visual depiction, including a video or image created using generative AI or machine learning, that depicts a child engaging in explicit sexual conduct and is obscene, but imposes no record-keeping or age-verification duty on producers.\n\nWhat Idaho State Legislature (legislature.idaho.gov) actually says:\n\n“(1) A person commits a felony if he knowingly produces, distributes, receives, possesses, or accesses a visual depiction, including a video or image created using generative AI or machine learning, that: (a) Depicts a child engaging in explicit sexual conduct; and (b) Is obscene.”\n\nNote: Added 2024, ch. 194, sec. 3, p. 695. No producer record-keeping requirement; the statute includes affirmative defenses for receiving or possessing five or fewer depictions and for good-faith destruction or law-enforcement reporting.",
      "source_type": "official",
      "source_link": "https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH15/SECT18-1507C/",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Idaho State Legislature (legislature.idaho.gov)",
      "evidence_quote": "(1) A person commits a felony if he knowingly produces, distributes, receives, possesses, or accesses a visual depiction, including a video or image created using generative AI or machine learning, that: (a) Depicts a child engaging in explicit sexual conduct; and (b) Is obscene.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Idaho Code 18-1507C (visual representations of the sexual abuse of children)",
      "topic": "Whether Idaho's 2024 visual-representations statute imposes record-keeping on producers",
      "applies_to_country": "US",
      "applies_to_scope": "State of Idaho",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-id"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_idaho_ch41_obscenity",
      "category": "Safety",
      "title": "[Unverified - being checked] Whether Idaho's obscenity chapter imposes record-keeping on adult businesses or producers",
      "summary": "[Unverified - being checked] Idaho Code Chapter 41 (indecency and obscenity) defines obscene material and obscene live conduct and sets crimes for sale or distribution of obscene matter to minors and related offenses, but contains no record-keeping or age-verification-retention requirement for producers or adult businesses.",
      "body": "Idaho Code Chapter 41 (indecency and obscenity) defines obscene material and obscene live conduct and sets crimes for sale or distribution of obscene matter to minors and related offenses, but contains no record-keeping or age-verification-retention requirement for producers or adult businesses.\n\nWhat Idaho State Legislature (legislature.idaho.gov) actually says:\n\n“(A) \"Obscene material\" means any matter: (1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (2) Which depicts or describes patently offensive representations or descriptions of: (a) Ultimate sexual acts, normal or perverted, actual or simulated; or (b) Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.”\n\nNote: Chapter 41 includes sections 18-4101 through 18-4115 (definitions, affirmative defenses, sale/distribution crimes and penalties, search warrants, and enforcement). Section 18-4101 was amended in 2026 (ch. 262, sec. 1). No record-keeping or identity-retention section was found in the chapter.",
      "source_type": "official",
      "source_link": "https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH41/SECT18-4101/",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Idaho State Legislature (legislature.idaho.gov)",
      "evidence_quote": "(A) \"Obscene material\" means any matter: (1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and (2) Which depicts or describes patently offensive representations or descriptions of: (a) Ultimate sexual acts, normal or perverted, actual or simulated; or (b) Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.",
      "volatility": "low",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Idaho Code Title 18, Chapter 41 (indecency and obscenity; 18-4101 et seq.)",
      "topic": "Whether Idaho's obscenity chapter imposes record-keeping on adult businesses or producers",
      "applies_to_country": "US",
      "applies_to_scope": "State of Idaho",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-id"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_idaho_63803_ageverification_nonretention",
      "category": "Safety",
      "title": "Idaho age-verification mandate and its retention rule for online access to material harmful to minors",
      "summary": "Idaho Code 6-3803 imposes civil liability on a commercial entity that knowingly and intentionally publishes material harmful to minors from a website with a substantial portion of such material if it fails to perform reasonable age verification of individuals attempting access, affirmatively prohibits retaining any identifying information after verification, and declares that the chapter shall not be construed to create a conflict with applicable federal law.",
      "body": "Idaho Code 6-3803 imposes civil liability on a commercial entity that knowingly and intentionally publishes material harmful to minors from a website with a substantial portion of such material if it fails to perform reasonable age verification of individuals attempting access, affirmatively prohibits retaining any identifying information after verification, and declares that the chapter shall not be construed to create a conflict with applicable federal law.\n\nWhat Idaho State Legislature (legislature.idaho.gov) actually says:\n\n“(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed. (5) Nothing in this chapter shall be construed to create a conflict with applicable federal law.”\n\nNote: Added 2024, ch. 113, sec. 1, p. 489. This is an access/age-verification law, not a producer performer-record law; it expressly bars retention of identifying information after verification and contains a federal no-conflict clause. Idaho Statutes pages note that the statutes are updated to the website July 1 following the legislative session.",
      "source_type": "official",
      "source_link": "https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH38/SECT6-3803/",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Idaho State Legislature (legislature.idaho.gov)",
      "evidence_quote": "(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed. (5) Nothing in this chapter shall be construed to create a conflict with applicable federal law.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Idaho Code 6-3803 (HB 498; 2024, ch. 113, sec. 1)",
      "topic": "Idaho age-verification mandate and its retention rule for online access to material harmful to minors",
      "applies_to_country": "US",
      "applies_to_scope": "State of Idaho",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-id"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      }
    },
    {
      "id": "learn_r159_fl_id_record_keeping_duties_in_state_idaho_no_independent_producer_2257",
      "category": "Safety",
      "title": "[Unverified - being checked] Negative finding: no Idaho statute independently imposes a section-2257-style producer duty to verify and retain proof of performers' age and identity for explicit content",
      "summary": "[Unverified - being checked] No Idaho statute examined (18-1507, 18-1507C, Chapter 41 on indecency/obscenity, 6-3803 age verification) independently requires producers of explicit content to verify and retain records of performers' age and identity; Idaho's online age-verification law affirmatively forbids retention of identifying information.",
      "body": "No Idaho statute examined (18-1507, 18-1507C, Chapter 41 on indecency/obscenity, 6-3803 age verification) independently requires producers of explicit content to verify and retain records of performers' age and identity; Idaho's online age-verification law affirmatively forbids retention of identifying information.\n\nWhat Idaho State Legislature (legislature.idaho.gov) actually says:\n\n“(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed.”\n\nNote: Established by reading the full text of Idaho's sexual-exploitation statute (18-1507), the 2024 visual-representations statute (18-1507C), the indecency/obscenity chapter (Ch. 41, beginning at 18-4101), and the HB 498 age-verification section (6-3803). No producer performer-record requirement analogous to 18 U.S.C. 2257 was found.",
      "source_type": "official",
      "source_link": "https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH38/SECT6-3803/",
      "last_verified": "2026-09-07",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Idaho State Legislature (legislature.idaho.gov)",
      "evidence_quote": "(2) Any commercial entity or third party that takes steps to perform a reasonable age verification required pursuant to this chapter shall not retain any identifying information of the individual after age verification has been performed.",
      "volatility": "medium",
      "from_batch": "159-fl-id-record-keeping-duties-in-state",
      "subject": "Idaho law generally (Idaho Code Titles 6, 18: Chs. 15, 38, 41)",
      "topic": "Negative finding: no Idaho statute independently imposes a section-2257-style producer duty to verify and retain proof of performers' age and identity for explicit content",
      "applies_to_country": "US",
      "applies_to_scope": "State of Idaho",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-id"
        ],
        "platform": "any",
        "topic": [
          "unclassified"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}