Text of SD HB 1239 (2025)

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

25.376.15 100th Legislative Session 1239 2025 South Dakota Legislature House Bill 1239 ENROLLED AN ACT ENTITLED An Act to revise certain provisions related to the restriction of access to obscene materials in a public library or public school library. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 22-24-55 be AMENDED: 22-24-55. Each public school in the state shall: (1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or materials, as defined by § 22-24-27, or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; and (2) Develop and implement, by January 1, 2025, a local policy that establishes measures to restrict minors from accessing obscene matter or materials. The policy must allow for an individual to appeal to the school board to determine whether any matter or material is obscene. Any determination made by the school board as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The school board shall: (a) Publish the policy on the school district's website; or (b) Publish the policy annually in the legal newspaper designated by the school board pursuant to § 13-8-10. Section 2. That § 22-24-56 be AMENDED: 22-24-56. Each public library in the state shall: (1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or material, as defined by § 22-24-27, or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene material; and 25.376.15 2 1239 HB1239 ENROLLED (2) Develop and implement, by January 1, 2025, a local policy that establishes measures to restrict minors from accessing obscene matter or materials. The policy must allow for an individual to appeal to the governing body of the public library, as defined in § 14-2-27, to determine whether any matter or material is obscene. Any determination made by the governing body as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The public library shall: (a) Publish the policy on the official website of the political subdivision that maintains the library; or (b) Publish the policy annually in a legal newspaper designated by the governing body of the political subdivision that maintains the library pursuant to § 7-18-3 or 9-12-6. 25.376.15 3 1239 HB1239 ENROLLED An Act to revise certain provisions related to the restriction of access to obscene materials in a public library or public school library. I certify that the attached Act originated in the: House as Bill No. 1239 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1239 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