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 defenses available in cases of disseminating harmful materials to minors. It specifies that the defense is only applicable when the defendant is a parent or legal guardian, or when the defendant is an educational or governmental entity conducting legitimate educational functions with prior consent from a minor's guardian. The act emphasizes the importance of protecting minors from exposure to obscene content and aims to eliminate ambiguities in the law that have previously allowed for the dissemination of harmful materials.

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