Porn Taxes: Lawmakers Seek Revenue, Critics Cite Constitution
As age-verification laws continue to dismantle the adult industry-and determine the future of free speech on the internet-a Utah lawmaker proposed a bill this week that would enforce a tax on porn sites that operate within the state.
Introduced by state senator Calvin Musselman, a Republican, the bill would impose a 7 percent tax on total receipts “from sales, distributions, memberships, subscriptions, performances, and content amounting to material harmful to minors that is produced, sold, filmed, generated, or otherwise based” in Utah. If passed, the bill would go into effect in May and would also require adult sites to pay a $500 annual fee to the State Tax Commission. Per the legislation, the money made from the tax will be used by Utah’s Department of Health and Human Services to provide more mental health support for teens.
Musselman did not respond to a request for comment.
A new age of American conservatism commands the political arena, and more US lawmakers are calling for additional restrictions on adult content. In September, Alabama became the first state to impose a porn tax on adult entertainment companies (10 percent) following the passage of age-verification mandates,which require users to upload an ID or other personal documentation to verify that they are not a minor before viewing sexually explicit content. Pennsylvania lawmakers are also eyeing a bill that would tax consumers an additional 10 percent on “subscriptions to and one-time purchases from online adult content platforms,” despite already requiring them to pay a 6 percent sales and use tax for the purchase of digital products.
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Pornhub has blocked access to users in 23 US states due to new age verification mandates, citing concerns over data privacy and the ineffectiveness of current age verification technologies. The company argues that state-level attempts at platform-wide age verification have consistently failed to adequately protect children while posing risks to user privacy.
Pornhub and age Verification
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pornhub is a video-sharing website primarily known for hosting pornography. The company has recently taken action to restrict access in multiple US states in response to legislation requiring age verification for access to online adult content. This action stems from concerns about the practicality and security of implementing such systems.
On December 18, 2023, Pornhub blocked access to users in Utah, Mississippi, Arkansas, and Louisiana, stating it was doing so to protect user privacy. The Verge reported on this initial block.
State Age Verification Mandates
Several US states have enacted or are considering legislation requiring age verification for access to online pornography. These laws aim to protect minors from accessing adult content, but have faced criticism regarding their potential impact on privacy and free speech. The laws generally require platforms to verify a user’s age before granting access to adult material.
As of January 9, 2024, Pornhub has blocked access in 23 states, including: Arkansas, louisiana, Mississippi, montana, North Dakota, Utah, Vermont, Virginia, West Virginia, Oklahoma, South Carolina, Tennessee, Alabama, Kentucky, Kansas, Texas, Nebraska, Indiana, Ohio, Georgia, Idaho, Wyoming, and north Carolina. NBC News provides a current list of blocked states.
Montana’s Age Verification Law (MCA 70-51-101)
Montana passed a law requiring age verification for online pornography in May 2023. The law mandates that websites verify users are at least 18 years old before allowing access to material deemed harmful to minors. Failure to comply can result in civil penalties.
The law states, “A website or service that knowingly displays matter harmful to minors shall verify the age of each user before allowing the user to access the matter.”
Utah’s Age Verification Law (HB 3)
utah’s HB 3, signed into law in March 2023, requires age verification for access to online pornography. The law aims to protect children by requiring websites to verify a user’s age before allowing access to adult content. KSL.com reported on the bill’s signing.
The law specifies that websites must use a commercially reasonable method of age verification and prohibits the collection of biometric data.
Electronic Frontier Foundation (EFF) Concerns
The Electronic Frontier Foundation (EFF) has voiced strong opposition to age verification laws, arguing they pose notable privacy risks and are unlikely to be effective in protecting children. The EFF contends that such laws could lead to the collection of sensitive personal information and create a chilling effect on free speech.
According to the EFF, “Age verification schemes are prone to abuse and can easily be circumvented, while together creating significant privacy risks for all users.” EFF’s statement on Pornhub’s actions details their concerns.
current Status (as of January 9, 2026)
As of January 9, 2026, Pornhub continues to block access in the 23 states listed above. There have been no significant legal challenges that have overturned these state laws