Revise provisions related to the possession, distribution, and manufacture of child pornography.
Impact
The enactment of SB79 is expected to significantly strengthen state laws against child exploitation, offering a more robust framework for prosecuting offenders. By mandating strict sentences and eliminating certain defenses, the bill seeks to ensure that those who engage in such offenses face severe consequences, thereby aiming to deter potential offenders. Additionally, the focus on computer-generated child pornography reflects contemporary concerns regarding new forms of digital child exploitation, indicating a progressive approach to law enforcement in the state.
Summary
Senate Bill 79 aims to revise existing South Dakota laws concerning the possession, distribution, and manufacture of child pornography. The bill introduces stricter penalties for offenses related to child pornography, categorizing them as Class 2, 3, and 4 felonies depending on the nature of the offense, such as possession or distribution, with mandatory sentences ranging from one year to twenty years in prison. It clearly defines what constitutes child pornography, including both real and computer-generated imagery, and emphasizes that consent by a minor or their guardians does not serve as a defense in legal cases regarding these crimes. Furthermore, previous convictions in other jurisdictions will be considered in determining whether an offense is a repeat violation under this bill.
Sentiment
The general sentiment surrounding SB79 tends to be positive among lawmakers and advocacy groups specializing in child protection. Proponents argue that the bill provides necessary tools for law enforcement to better address and combat the ongoing issue of child exploitation. However, there are concerns regarding the potential consequences for minors who may unintentionally become involved in investigations regarding 'juvenile sexting' or related offenses, sparking debates about the balance between protection and overreach in legal matters involving minors.
Contention
Despite the overall supportive sentiment, notable points of contention revolve around how the bill’s provisions may impact minors. Critics fear that the strict penalties and definitions may lead to unintended consequences for youth engaging in what is often considered normal teenage behavior, such as sexting, which could lead to serious legal repercussions. The differentiation between vulnerability and liability remains a primary concern among various stakeholders, emphasizing the need for careful consideration of the bill's language and its implications for youth.
Requires school governing authorities to provide parents with certain information relative to the health risks associated with pornography. (8/1/18) (EN SEE FISC NOTE LF EX See Note)
A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties.
A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties.