PIERRE, S.D.—Members of the South Dakota Senate Judiciary Committee on Tuesday voted unanimously, 7-0, to advance House Bill (HB) 1053 for a floor vote.
HB 1053, proposed by Rep. Bethany Soye, a far-right Republican, is an age verification measure that specifically targets adult entertainment platforms. Violations of the provision could potentially lead to misdemeanor and felony convictions. If passed, HB 1053 would enable injunctions and civil penalties of up to $5,000 per incident.
Other requirements include South Dakota Attorney General Marty Jackley sending written notices to an alleged violator, who would have 90 days to comply with the state’s age verification rules or be taken to court in the state. Tennessee is the only other state with such aggressive policies regarding criminal penalties for AV law violators.
Organizations opposed to HB 1053 include the American Civil Liberties Union of South Dakota and several technology advocacy groups. Far-right Republicans control the state Senate, which has 35 seats—32 Republicans to 3 Democrats. The Senate Judiciary Committee is all Republicans.
“I think we need to be really, really cautious and very serious even in situations where we think that we’re only targeting what might be pornographic or sexual based speech,” explained Samantha Chapman, an ACLU lobbyist, during the Senate hearing, via news coverage by KELO.
“With [HB 1053], the lack of any kind of content threshold at all, in our opinion is and is akin to making an entire library off limits to minors if it contains a single shelf of adult material,” Chapman added.