Pennsylvania Legislature Weighs 'Porn Tax' Bill

Pennsylvania Legislature Weighs 'Porn Tax' Bill

HARRISBURG, Penn. — The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Titled the “Online Adult Content Subscription Tax Act,” SB 1246 would levy a new 10% tax on recurring memberships, subscription fees and one-time access fees charged for access to “sexually explicit commercial content” via websites, mobile apps or online platforms.

In October 2025, the bill’s primary sponsor, Democratic State Senator Marty Flynn, along with Republican co-sponsor Sen. Joe Picozzi, issued a memo stating that they planned to introduce legislation to impose a new tax on adult content platforms, over and above the state’s existing 6% sales and use tax.

“Currently, online adult content platforms generate revenue from Pennsylvania subscribers but contribute nothing beyond the standard sales and use tax,” the memo read. “By imposing a targeted 10% tax on these services and purchases, we can ensure that these platforms contribute their fair share to the Commonwealth.”

The bill was officially introduced on March 30, and has been referred to the Pennsylvania State Senate Finance Committee.

Businesses dealing in liquor, tobacco products, medical marijuana and other sectors are currently subject to specialized taxes in Pennsylvania. Additionally, the bill includes language stating, “This act is not intended to prohibit or censor expressive activity but is solely intended to ensure equitable tax treatment of certain commercial transactions.” However, industry attorney Lawrence Walters told XBIZ that imposing a specific tax on adult content makes the constitutionality of the bill suspect.

“It imposes a content-based obligation,” Walters noted. “The government generally cannot impose additional tax obligations on protected speech based on its content.”

In addition, Walters said, exemptions contained in SB 1246 likely apply to most adult content sites, since the bill defines “sexually explicit commercial content” as excluding “content determined by a court of competent jurisdiction to be constitutionally protected in a specific instance.”

Walters explained, “The courts have repeatedly held that sexually explicit materials are within the scope of First Amendment protection, unless they are obscene. If the bill passes in its current form, I expect significant litigation to result from any attempt to enforce this tax obligation upon typical adult website operators, given the broad exemptions.”

Confusion over the difference between "obscene" material, "sexually explicit" material and material "harmful to minors" is common in state legislation. 

The Pennsylvania bill may reflect a new “copycat” trend, reminiscent of the numerous state age verification bills introduced in the wake of Louisiana’s 2022 AV law. As XBIZ reported in March, Utah’s governor recently signed into law a bill to tax adult websites. Alabama passed a similar 10% tax last year. Meanwhile, legislators in Virginia have introduced a bill to do the same, though that legislation has been delayed for consideration until the 2027 session.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-Fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

Show More