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 a material or performance that is obscene or contains profane language is considered harmful. Additionally, it introduces a definition for "profane language" and specifies that the affirmative defense for disseminating harmful materials is limited to age-appropriate sex education and human biology curricula, thereby closing existing loopholes that allowed for the distribution of such materials under certain conditions.
Furthermore, the bill modifies Section 16-15-385 to restrict the affirmative defense to specific educational contexts and requires that express written consent from a minor's parent or legal guardian be obtained before teaching sex education. The legislation emphasizes the intent to protect minors from exposure to obscene content and profane language, ensuring that any material deemed harmful is prohibited regardless of its context or perceived value. 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