Display or delivery of material harmful to minors

A. For purposes of this Section, the following terms apply: (1) "Account", "interactive computer service", and "minor" have the same meanings as provided in R.S. 9:2717.2. (2) "Material harmful to minors" has the same meaning as provided in R.S. 51:2121. B. An interactive computer service that enters into a contract with a minor, including the creation of an online account, shall not deliver or display to a minor account material harmful to minors that was created or developed, in whole or in part, by the interactive computer service. C. (1) Any interactive computer service that violates the provisions of this Section shall be subject to a civil fine of up to ten thousand dollars per violation set and enforced by the attorney general by filing a civil enforcement action in a court of competent jurisdiction. (2)(a) Prior to filing a civil enforcement action, the attorney general shall provide the interactive computer service with a written notice that identifies each alleged violation and an explanation of the basis for each allegation. (b) The interactive computer service may cure the alleged violations by providing the attorney general with a written statement, within forty-five days of receipt of the notice provided pursuant to Subparagraph (a) of this Paragraph, indicating that the violation is cured and no further violations will occur. (c) Except as provided in Paragraph (3) of this Subsection, the attorney general shall not file a civil enforcement action if the interactive computer service timely cures the alleged violations as provided by Subparagraph (b) of this Paragraph. (3) The attorney general may file a civil enforcement action against an interactive computer service that does either of the following: (a) Fails to cure a violation after receiving the written notice described in Subparagraph (2)(a) of this Subsection. (b) Commits another violation after receiving the written notice described in Subparagraph (2)(a) of this Subsection. (4) If a court of competent jurisdiction grants judgment or injunctive relief to the attorney general, the court shall award the attorney general reasonable attorney fees, court costs, and investigative costs. D. All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general for consumer protection efforts or to promote consumer protection and education.