1. (a) If:

   1. (1) an adult oriented website operator knowingly or intentionally publishes an adult oriented website in violation of section 10 of this chapter; and

   2. (2) a minor accesses the adult oriented website;

      the parent or guardian of the minor who accessed the adult oriented website may bring an action against the adult oriented website operator.

2. (b) A parent or guardian who prevails in an action described in this section is entitled to:

   1. (1) either:

      1. (A) actual damages; or
      2. (B) damages of up to five thousand dollars ($5,000);
   2. (2) injunctive relief; and
   3. (3) court costs, reasonable attorney's fees, and other reasonable expenses of litigation, including expert witness fees.

As added by P.L.98-2024, SEC.1.