Text of SD HB 1125 (2023)

23.189.13 98th Legislative Session 1125 2023 South Dakota Legislature House Bill 1125 Introduced by: Representative Odenbach Underscores indicate new language. Overstrikes indicate deleted language. An Act to expand provisions regarding the protection of minors from certain 1 exhibitions. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-24-27 be AMENDED: 4 22-24-27. Terms used in §§ 22-24-25 to 22-24-37, inclusive, mean: 5 (1) "Contemporary community standard," the contemporary community standard of 6 the state in which the question of obscenity is to be tested, by the average person, 7 of the state; 8 (2) "Distributed," to transfer possession of, whether with or without consideration; 9 (3) "Drag performance," singing, speaking, dancing, acting, simulation, or 10 pantomiming, where a performer, in a lewd and lascivious manner, and in the 11 presence of others, exhibits a gender identity that is different from the performer's 12 biological sex through the use of clothing, makeup, or other physical markers; 13 (3)(4) "Exhibit," to show or display; 14 (4)(5) "Harmful to minors," includes in its meaning the quality of any material or of any 15 performance or of any description or representation, in whatever form, of nudity, 16 sexual conduct, sexual excitement, or sado-masochistic abuse, or drag 17 performance, if it: 18 (a) Predominantly appeals to the prurient, shameful, or morbid interest of 19 minors; and 20 (b) Is patently offensive to prevailing standards in the adult community as a 21 whole with respect to what is suitable material for minors; and 22 (c) Is without serious literary, artistic, political, or scientific value; 23 (5)(6) "Magistrate," any circuit court or magistrate judge; 24 (6)(7) "Material," anything tangible which is harmful to minors, whether derived through 25 the medium of reading, observation, or sound; 26 23.189.13 2 1125 Underscores indicate new language. Overstrikes indicate deleted language. (7)(8) "Matter" or "material," any book, magazine, newspaper, or other printed or written 1 material; or any picture, drawing, photograph, motion picture, or other pictorial 2 representation; or any statue or other figure; or recording, transcription or 3 mechanical, chemical, or electrical reproduction; or any other articles, equipment, 4 machines, or materials; 5 (8)(9) "Minor," any person less than eighteen years of age; 6 (9)(10) "Nudity," within the meaning of subdivision (4) of this section, the showing of 7 the human male or female genitals, pubic area, or buttocks with less than a full 8 opaque covering, or the showing of the female breast with less than a full opaque 9 covering or any portion thereof below the top of the nipple, or the depiction of 10 covered male genitals in a discernibly turgid state; 11 (10)(11) "Obscene live conduct," any physical human body activity, whether performed 12 or engaged in alone or with other persons, including singing, speaking, dancing, 13 acting, simulation, or pantomiming, where: 14 (a) The dominant theme of such conduct, taken as a whole, appeals to a 15 prurient interest; 16 (b) The conduct is patently offensive because it affronts contemporary 17 community standards relating to the description or representation of sexual 18 matters; and 19 (c) The conduct is without serious literary, artistic, political, or scientific value. 20 In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of 21 production, presentation, advertising, or exhibition indicate that live 22 conduct is being commercially exploited by the defendant for the sake of its 23 prurient appeal, such evidence is probative with respect to the nature of the 24 conduct; 25 (11)(12) "Obscene material," material: 26 (a) The dominant theme of which, taken as a whole, appeals to the prurient 27 interest; 28 (b) Which is patently offensive because it affronts contemporary community 29 standards relating to the description or representation of sado-masochistic 30 abuse or sexual conduct; and 31 (c) Lacks serious literary, artistic, political, or scientific value. 32 In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of 33 production, presentation, sale, dissemination, or publicity indicate that the 34 matter is being commercially exploited by the defendant for the sake of its 35 23.189.13 3 1125 Underscores indicate new language. Overstrikes indicate deleted language. prurient appeal, such evidence is probative with respect to the nature of the 1 matter; 2 (12)(13) "Prurient interest," a shameful or morbid interest in nudity, sex, or excretion, 3 which goes substantially beyond customary limits of candor in description or 4 representation of such matters. If it appears from the character of the material or 5 the circumstances of its dissemination that the subject matter is designed for a 6 specially susceptible audience or clearly defined deviant sexual group, the appeal 7 of the subject matter shall be judged with reference to such audience or group; 8 (13)(14) "Sado-masochistic abuse," flagellation or torture by or upon a person who is 9 nude or clad in undergarments, a mask or bizarre costume, or the condition of 10 being fettered, bound, or otherwise physically restrained on the part of one who is 11 nude or so clothed; 12 (14)(15) "Sexual conduct," within the meaning of subdivision (4) of this section, any act 13 of masturbation, homosexuality, sexual intercourse, or physical contact with a 14 person's clothed or unclothed genitals, pubic area, buttocks, or if such person be 15 a female, the breast; 16 (15)(16) "Sexual excitement," the condition of human male or female genitals when in 17 a state of sexual stimulation or arousal. 18 Section 2. That § 22-24-30 be AMENDED: 19 22-24-30. A person is guilty of disseminating material harmful to minors if, with 20 reference to a motion picture, show, or other presentation which depicts nudity, sexual 21 conduct, or sado-masochistic abuse, or drag performance, and which is harmful to minors, 22 that person knowingly: 23 (1) Exhibits such motion picture, show, or other presentation to a minor; 24 (2) Sells or gives to a minor an admission ticket or pass to premises whereon there is 25 exhibited such motion picture, show, or other presentation; or 26 (3) Admits a minor for a monetary consideration to premises whereon there is 27 exhibited or to be exhibited such motion picture, show, or other presentation. 28