Require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.
Summary
HB 1053 requires websites that regularly create, host, or make available material deemed harmful to minors to implement reasonable age verification before allowing access to that content. The bill defines “reasonable age verification” to include methods such as checking a government-issued ID, bank account information, a debit or credit card, or another reliable method that confirms a user is at least 18. It also excludes general-purpose search engines, internet service providers, and cloud service providers from these requirements.
The bill amends South Dakota’s existing obscenity and harmful-to-minors statutes and adds new enforcement provisions. Covered platforms that fail to comply may face criminal penalties, including a Class 1 misdemeanor for a first violation and a Class 6 felony for subsequent violations, as well as civil injunctions and penalties of up to $5,000 per violation enforced by the attorney general. The bill also prohibits platforms and third-party verifiers from selling or retaining identifying information collected for age verification, and it gives platforms a 90-day cure period after notice from the attorney general before liability attaches for certain violations.
Impact
HB 1053 expands state regulation of online access to sexual or otherwise harmful material by imposing a legal duty on covered websites to verify users’ ages. It modifies definitions in South Dakota’s obscenity chapter and creates new offenses and civil enforcement mechanisms tied to noncompliance. The practical effect is to shift compliance obligations onto online platforms that distribute content harmful to minors, while limiting the law’s reach by exempting search engines, ISPs, and cloud providers and by restricting retention of verification data.
Sentiment
The voting history suggests the bill had broad support in both chambers, passing committee and floor votes by comfortable margins and with no recorded opposition in the Senate final vote. The lack of committee transcript material limits insight into debate, but the strong vote totals indicate the measure was generally viewed favorably by legislators. Overall sentiment appears supportive of the bill’s goal of protecting minors from online sexual content.
Contention
The main points of contention likely center on privacy, enforcement, and the scope of regulated online services. Requiring users to submit ID, banking, or card information raises concerns about data security and anonymity, which the bill addresses in part by banning retention and sale of identifying information. Another likely issue is whether the age-verification mandate burdens lawful adult access to protected speech or imposes compliance costs on websites. The exemptions for search engines, ISPs, and cloud providers suggest lawmakers sought to narrow the bill’s reach and reduce overbreadth concerns.