The bill amends South Dakota law regarding affirmative defenses in cases of disseminating material harmful to minors and obscenity offenses. It revises the criteria for establishing an affirmative defense by clarifying that a defendant can assert they had reasonable cause to believe a minor was eighteen years of age or older, with acceptable forms of identification specified. Additionally, it expands the circumstances under which a minor may be accompanied by an adult, detailing that the adult must either represent themselves as the minor's parent or guardian or provide a written statement to that effect. The previous provision allowing the defendant to be a bona fide educational institution or its employee has been removed.

Furthermore, the bill modifies the exemptions from certain provisions related to the possession and distribution of obscene material. It specifies that these provisions do not apply to individuals engaged in law enforcement or judicial activities, and it retains the exemption for employment in educational institutions. The language has been updated to clarify that the exemptions also apply to individuals working as moving picture machine operators in theaters, provided they have no financial interest in the theater beyond their wages. Overall, the bill aims to refine the legal framework surrounding these offenses while ensuring protections for minors.

Statutes affected:
Introduced, 02/05/2025: 22-24-31, 22-24-37