A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "DEFENSE OF CHILDREN'S INNOCENCE ACT" BY ADDING SECTION 6-1-200 SO AS TO PROVIDE THAT ANY BUSINESS WHERE DRAG SHOWS ARE HELD IS DEEMED TO BE A SEXUALLY ORIENTED BUSINESS FOR ALL LOCAL ORDINANCES RELATING TO A SEXUALLY ORIENTED BUSINESS; BY ADDING SECTION 6-1-210 SO AS TO PROHIBIT A STATE AGENCY, POLITICAL SUBDIVISION, OR ANY ENTITY THAT IS SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS FROM USING ANY PUBLIC FUNDS TO HOST OR PROVIDE A DRAG SHOW; AND BY AMENDING SECTION 16-15-385, RELATING TO DISSEMINATING HARMFUL MATERIALS TO MINORS, SO AS TO INCLUDE THE OFFENSE OF ALLOWING A MINOR TO VIEW A DRAG SHOW.
H3381, titled the "Defense of Children's Innocence Act," would add new provisions to South Carolina law targeting drag shows. It would define certain drag shows as sexually oriented businesses for purposes of local ordinances, require local governments to enforce those ordinances against venues that host drag shows, and prohibit minors from attending or viewing drag show performances. The bill also bars state agencies, political subdivisions, school districts, and any publicly funded entity from using public funds to host or provide a drag show.
The bill further amends the state’s law on disseminating harmful material to minors by making it a felony to allow a minor to view a drag show, treating that conduct as an “exhibiting a harmful performance to a minor” offense. The measure includes a detailed statutory definition of “drag show” tied to performances involving gender presentation different from sex assigned at birth and an emphasis on nudity, seminudity, or specified sexual content. It would take effect upon approval by the governor.
If enacted, H3381 would expand South Carolina’s regulation of sexually oriented businesses and minors’ access to performances by creating a new statutory category that local governments must apply to venues hosting drag shows. It would also restrict the use of public funds by government bodies and publicly supported entities for drag show events, potentially affecting schools, libraries, municipalities, and other institutions that receive public money. In criminal law, it would broaden Section 16-15-385 to expressly include drag shows as harmful performances for minors, exposing violators to felony penalties of up to 10 years in prison, a fine of up to $5,000, or both.
No committee transcripts or vote records were provided, so there is no recorded legislative debate or voting history to gauge support or opposition. Based on the bill text alone, the measure appears to be framed as a child-protection and public-funding restriction bill, suggesting support from sponsors who favor limiting minors’ exposure to drag performances and restricting public support for such events. The absence of recorded action in the provided context means the bill’s broader legislative reception cannot be determined from this material.
The main points of contention are likely to be the bill’s treatment of drag performances as inherently sexualized and its application to venues, public institutions, and minors. Supporters would likely argue the bill protects children and prevents public money from funding performances they view as inappropriate. Opponents would likely challenge the breadth of the definitions, the impact on expressive conduct and LGBTQ-related performances, and the use of public-funding restrictions and criminal penalties to regulate events that may not involve explicit sexual content. The bill’s inclusion of school districts and other publicly funded entities also raises likely concerns about enforcement and constitutional issues.