South Dakota House Bill HB1125

South Dakota 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/25/23
• Report Pass: 2/13/23

Caption

Expand provisions regarding the protection of minors from certain exhibitions.

Impact

If enacted, HB1125 would amend existing laws to more explicitly limit what minors can be exposed to in terms of performances and exhibitions. It seeks to enhance the existing provisions of the law concerning the protection of minors, thereby reinforcing the state's authority to regulate performances that may be considered inappropriate. As a result, those who create, distribute, or exhibit such material could face legal action for disseminating harmful content to minors. This could potentially lead to a shift in how performances, particularly those involving drag artists and other expressive forms, are managed across the state, thus affecting artists and venues alike.

Summary

House Bill 1125 is legislation introduced in South Dakota aimed at expanding protections for minors against certain exhibitions deemed harmful. The bill redefines terms related to obscenity to specify what constitutes harmful material for minors, particularly focusing on performances that showcase nudity or sexual conduct. This legislation introduces strict definitions around terms like 'drag performance' and 'sexual conduct,' which are integral to understanding the scope of what can be categorized as harmful material. The intent is to provide a clear framework for identifying and prohibiting presentations that could negatively impact young audiences, emphasizing community standards in the assessment of obscenity.

Contention

There will likely be significant debate surrounding the implications of HB1125 regarding artistic freedom and expression. Advocates for the bill argue that it is essential to safeguard minors from exposure to potentially harmful content. However, critics may contend that the legislation could inadvertently restrict expressions of gender identity and sexuality, labeling them as harmful without sufficient justification. This divide could fuel discussions on the balance between safeguarding youth and maintaining a free, expressive cultural landscape in South Dakota, making it a point of contention among legislators and community members.