25.376.13 100th Legislative Session 1239
2025 South Dakota Legislature
House Bill 1239
Introduced by: Representative Soye
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise certain affirmative defenses to dissemination of material harmful 1
to minors and obscenity offenses. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 22-24-31 be AMENDED: 4
22-24-31. In any prosecution for disseminating material harmful to minors, it is 5
an affirmative defense that: 6
(1) The defendant had reasonable cause to believe that the minor involved was 7
eighteen years old or more of age or older. A draft card, driver's driver license, 8
birth certificate, or other official or apparently official document is evidence 9
establishing that the minor was eighteen years of age or older; 10
(2) The minor involved was accompanied by a : 11
(a) A parent or guardian, or by an; 12
(b) An adult and the adult represented that he or she the adult was the minor's 13
parent or guardian; or an 14
(c) An adult and the adult signed a written statement to that effect stating that 15
the adult was the minor's parent or guardian; or 16
(3) The defendant was the parent or guardian of the minor involved; or 17
(4) The defendant was a bona fide school, college, university, museum, or public 18
library, or was acting in the capacity of an employee of such an organization or a 19
retail outlet affiliated with and serving the educational purposes of such an 20
organization. 21
Section 2. That § 22-24-37 be AMENDED: 22
22-24-37. The provisions of §§ 22-24-27 to 22-24-37 22-24-34, inclusive, do not 23
apply to any persons person who may possess possesses or distribute distributes obscene 24 25.376.13 2 1239
Underscores indicate new language.
Overstrikes indicate deleted language.
matter, or participate participates in conduct, otherwise proscribed by those sections, if 1
such the possession, distribution, or conduct occurs: 2
(1) In the course of law enforcement and or judicial activities; 3
(2) In the course of bona fide school, college, university, museum, or public library 4
activities or in the course of employment of such an organization or retail outlet 5
affiliated with and serving the educational purposes of such an organization; or 6
(3)(2) In the course of employment as a moving picture machine operator , or assistant 7
operator, in a motion picture theater in connection with a motion picture film or 8
show exhibited in such the theater, if such the operator or assistant operator has 9
no financial interest in the motion picture theater wherein that the operator or 10
assistant operator is so employed, other than wages received or owed; 11
or like circumstances of justification if the possession, distribution, or conduct is not limited 12
to the subject matter's appeal to prurient interests. 13