South Dakota HB1053: Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

What the bill says

An Act ENTITLED An Act to require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

From the enrolled text:

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 …

Read the full official text

Sponsors

• Jim Mehlhaff (R, SD-024) · primary sponsor
• Bethany Soye (R, HD-009) · primary sponsor
• Julie Auch (R, HD-018)
• Aaron Aylward (R, HD-006)
• Heather Baxter (R, HD-034)
• Greg Blanc (R, SD-035)
• John Carley (R, SD-029)
• Randy Deibert (R, SD-031)
• Mary Fitzgerald (R, HD-031)
• Red Foster (D, SD-027)
• Timothy Goodwin (R, HD-030)
• Lana Greenfield (R, HD-022)

Votes

• Do Pass Amended (February 19, 2025): 34 yea, 0 nay, passed
• Do Pass (February 18, 2025): 7 yea, 0 nay, passed
• Do Pass Amended (January 21, 2025): 61 yea, 5 nay, passed
• Do Pass (January 17, 2025): 11 yea, 2 nay, passed

Common questions

What is HB1053?

HB1053 is a bill in the South Dakota Legislature (2025 Regular Session): Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

What does HB1053 do?

In its own words: An Act ENTITLED An Act to require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

What is the status of HB1053?

Passed both chambers as of February 27, 2025.

Who sponsored HB1053?

Jim Mehlhaff (R, SD-024), with 11 co-sponsors.

Where is the official record for HB1053?

On the South Dakota Legislature website: https://sdlegislature.gov/#/Session/Bill/25525