The "Protection of Minors from Pornography and Obscenities Act" aims to strengthen South Carolina's laws regarding the dissemination of harmful materials to minors. The bill amends Section 16-15-375 to redefine "harmful to minors" and "material," clarifying that any part of materials or performances that may be considered obscene is included in these definitions. Additionally, the term "profane language" is defined to encompass language or gestures that depict sexual or excretory organs or activities in a patently offensive manner. The bill also revises Section 16-15-385, limiting the affirmative defense for disseminating harmful material to minors strictly to age-appropriate sex education and human biology curricula, thereby closing existing loopholes that allowed for broader interpretations of the law.

Furthermore, the bill emphasizes that mistake of age is not a defense in prosecutions under this section, except under specific circumstances, such as when the defendant is a parent or legal guardian or when they are acting in a legitimate educational capacity with prior consent from a minor's parent or guardian. The revisions aim to eliminate ambiguities in the law that have previously allowed for the dissemination of harmful content to minors under certain claims. The act will take effect upon approval by the Governor.

Statutes affected:
03/04/2025: 16-15-375, 16-15-385
Latest Version: 16-15-375, 16-15-385