Virginia

Subnational jurisdiction · as of 2026-07-15

Virginia has required age verification for websites where a substantial portion of content is material harmful to minors since July 1, 2023, a law that predates and survived the 2025 U.S. Supreme Court ruling in Free Speech Coalition v. Paxton upholding similar state laws.

A 2025 law requiring social media platforms to screen for minors under 16 and cap their daily use at one hour was set to take effect January 1, 2026, but a federal court granted NetChoice a preliminary injunction in February 2026, and the state's appeal is pending at the Fourth Circuit. An App Store Accountability Act (SB 237, HB 757) was introduced in the 2026 General Assembly session but did not complete passage; HB 757 was continued to the next session in committee in February 2026. Virginia has not enacted a standalone age appropriate design code.

01

Instruments on record

SB 854 (2025), social media platforms; responsibilities and prohibitions related to minors

Enjoined

Va. Code § 59.1-577.1 (2025 Va. Acts c. 703)

Effective 2026-01-01 · Applies to private

Amends the Virginia Consumer Data Protection Act to require social media platforms to use commercially reasonable methods, such as a neutral age screen, to determine whether a user is under 16, and to limit such minors to one hour of daily use per platform unless a parent gives verifiable consent to change the limit.

Age threshold16
Verification methodsself declaration, device signal, parental consent
PenaltiesCivil penalties enforced by the Attorney General.
Enforcement bodyVirginia Attorney General (enforcement preliminarily enjoined).
Private suitsno

Litigation: NetChoice v. Jones (originally filed as NetChoice v. Miyares), No. 1:25-cv-2067 (PTG/LRV) (U.S. District Court for the Eastern District of Virginia, Alexandria Division). Preliminary injunction granted February 27, 2026 on First Amendment grounds, the court finding the law content based and not narrowly tailored. The Attorney General filed an appeal with the U.S. Court of Appeals for the Fourth Circuit on March 3, 2026.

Source: Full text of law

SB 1515 (2023), civil liability for Internet publication of material harmful to minors

In force

Va. Code § 8.01-40.5 (2023 Va. Acts c. 811)

Effective 2023-07-01 · Applies to private

Commercial entities that knowingly publish or distribute material harmful to minors on websites containing a substantial portion (more than one third) of such material must verify that visitors are at least 18 years old using a commercially available age verification database or another commercially reasonable method.

Age threshold18
Verification methodsgov id, third party service
PenaltiesCivil liability for damages, reasonable attorney fees, and costs.
Enforcement bodyPrivate civil action.
Private suitsyes

Source: Full text of law