25.172.19 100th Legislative Session 1053
2025 South Dakota Legislature
House Bill 1053
ENROLLED
AN ACT
ENTITLED An Act to require age verification by websites containing material that is
harmful to minors, and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24-27 be AMENDED:
22-24-27. Terms used in §§ 22-24-25 to 22-24-37, inclusive, and sections 4 to
8, inclusive, of this Act, mean:
(1) "Contemporary community standard," the contemporary community standard of
the state in which the question of obscenity is to be tested, by the average person,
of the state;
(2) "Covered platform," a website for which it is in the regular course of the website's
trade or business to create, host, or make available material that is harmful to
minors;
(3) "Distributed," to transfer possession of, whether with or without consideration;
(4) "Exhibit," to show or display;
(5) "Harmful to minors," includes in its meaning the quality of any material or of any
performance or of any description or representation, in whatever form, of nudity,
sexual conduct, sexual excitement, or sado-masochistic abuse, if it:
(a) Predominantly appeals to the prurient, shameful, or morbid interest of
minors;
(b) Is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors; and
(c) Is without serious literary, artistic, political, or scientific value;
(6) "Magistrate," any circuit court or magistrate judge;
(7) "Material," anything tangible that is harmful to minors, whether derived through
the medium of reading, observation, or sound; 25.172.19 2 1053
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(8) "Matter" or "material," any book, magazine, newspaper, or other printed or written
material; any picture, drawing, photograph, motion picture, or other pictorial
representation; any statue or other figure; recording, transcription or mechanical,
chemical, or electrical reproduction; or any other articles, equipment, machines,
or materials;
(9) "Minor," any person less than eighteen years of age;
(10) "Nudity," within the meaning of subdivision (5) of this section, the showing of the
human male or female genitals, pubic area, or buttocks with less than a full opaque
covering, the showing of the female breast with less than a full opaque covering or
any portion thereof below the top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state;
(11) "Obscene live conduct," any physical human body activity, whether performed or
engaged in alone or with other persons, including singing, speaking, dancing,
acting, simulation, or pantomiming, where:
(a) The dominant theme of such conduct, taken as a whole, appeals to a
prurient interest;
(b) The conduct is patently offensive because it affronts contemporary
community standards relating to the description or representation of sexual
matters; and
(c) The conduct is without serious literary, artistic, political, or scientific value.
In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of
production, presentation, advertising, or exhibition indicate that live
conduct is being commercially exploited by the defendant for the sake of its
prurient appeal, the evidence is probative with respect to the nature of the
conduct;
(12) "Obscene material," material:
(a) The dominant theme of which, taken as a whole, appeals to the prurient
interest;
(b) That is patently offensive because it affronts contemporary community
standards relating to the description or representation of sado-masochistic
abuse or sexual conduct; and
(c) That lacks serious literary, artistic, political, or scientific value.
In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of
production, presentation, sale, dissemination, or publicity indicate that the
matter is being commercially exploited by the defendant for the sake of its 25.172.19 3 1053
HB1053 ENROLLED
prurient appeal, the evidence is probative with respect to the nature of the
matter;
(13) "Prurient interest," a shameful or morbid interest in nudity, sex, or excretion, that
goes substantially beyond customary limits of candor in description or
representation of such matters. If it appears from the character of the material or
the circumstances of its dissemination that the subject matter is designed for a
specially susceptible audience or clearly defined deviant sexual group, the appeal
of the subject matter must be judged with reference to such audience or group;
(14) "Reasonable age verification," any method by which a covered platform confirms
that an individual attempting to access material that is harmful to minors is at least
eighteen years of age by verifying:
(a) A state-issued driver license or non-driver identification card;
(b) The individual's bank account information;
(c) A debit or credit card from the individual that requires the individual in
ownership of the card to be at least eighteen years of age; or
(d) Any other method or document that reliably and accurately indicates if a
user of a covered platform is a minor and prevents a minor from accessing
the content of a covered platform;
(15) "Sado-masochistic abuse," flagellation or torture by or upon a person who is nude
or clad in undergarments, a mask, or bizarre costume; or the condition of being
fettered, bound, or otherwise physically restrained on the part of one who is nude
or so clothed;
(16) "Sexual conduct," within the meaning of subdivision (5) of this section, any act of
masturbation, homosexuality, sexual intercourse, or physical contact with a
person's clothed or unclothed genitals, pubic area, buttocks, or if such person be
a female, the breast; and
(17) "Sexual excitement," the condition of human male or female genitals when in a
state of sexual stimulation or arousal.
Section 2. That § 22-24-29 be AMENDED:
22-24-29. A person is guilty of disseminating material that is harmful to minors if
the person knowingly gives or makes available to a minor or promotes or possesses with
intent to promote to minors, or if the person knowingly sells or loans to a minor for
monetary consideration, any material that is harmful to minors as described in subdivision
22-24-27(5). 25.172.19 4 1053
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Section 3. That § 22-24-58 be AMENDED:
22-24-58. For the purposes of §§ 22-24-55 to 22-24-59, inclusive, obscene
material is defined pursuant to subdivision 22-24-27(12).
Section 4. That a NEW SECTION be added to chapter 22-24:
A covered platform must implement reasonable age verification on the platform to
verify the age of any individual who attempts to access material that is harmful to minors
on the platform and prevent a minor's access to that material.
A violation of this section is a Class 1 misdemeanor. A subsequent violation of this
section by the same covered platform is a Class 6 felony.
Section 5. That a NEW SECTION be added to chapter 22-24:
A covered platform or third party that performs the age verification required by
section 4 of this Act, on behalf of a covered platform, may not sell or retain any identifying
information of an individual collected by the covered platform or third party for the age
verification.
A violation of this section is a Class 1 misdemeanor. A subsequent violation of this
section is a Class 6 felony.
Section 6. That a NEW SECTION be added to chapter 22-24:
If a covered platform is not in substantial compliance with the requirements of
section 4 or 5 of this Act, the attorney general must provide written notice to the covered
platform before initiating an action pursuant to section 4, 5, or 7 of this Act. The attorney
general shall identify in the notice the specific provision that is alleged to have been
violated, and what measures must be implemented by the covered platform to prevent
future violations.
If the covered platform implements the measures stated in the notice and provides
the attorney general a written statement under oath that the measures stated in the notice
have been implemented, within ninety days of the notice provided under this section, the
covered platform is not criminally liable or liable for a civil penalty for any cured violation
of section 4 or 5 of this Act.
Section 7. That a NEW SECTION be added to chapter 22-24: 25.172.19 5 1053
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Any covered platform found to be in violation of section 4 or 5 of this Act is subject
to an injunction and liable for a civil penalty of not more than five thousand dollars for
each separate instance that the covered platform fails to perform reasonable a ge
verification. The civil penalty may be assessed and recovered only in a civil action brought
by the attorney general. The attorney general shall forward any civil penalty collected
under this section to the state treasurer, for deposit in the state general fund.
Nothing in this section may be construed to serve as the basis for a new private
right of action under sections 4 or 5 of this Act.
Section 8. That a NEW SECTION be added to chapter 22-24:
The provisions of sections 4 to 7, inclusive, of this Act do not apply to any general-
purpose search engine, internet service provider or its affiliates or subsidiaries, or cloud
service provider. 25.172.19 6 1053
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An Act to require age verification by websites containing material that is harmful to minors,
and to provide a penalty therefor.
I certify that the attached Act originated in
the:
House as Bill No. 1053
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1053
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State