Gov. Larry Rhoden (R-SD) signed a bill into law on Thursday requiring online pornography platforms to implement age verification measures, making the state the 20th in the United States to enact such legislation.
The law, which takes effect on July 1, also makes South Dakota the first state to attach criminal penalties for noncompliance, setting a precedent that other states, including Mississippi, are now considering. While Rhoden has not announced the passage of the law, several sources told the Washington Examiner it was signed on Thursday, and a notice from Republican state Rep. Logan Manhart on X said the law had been signed.
“After two years of hard work, I am proud to see South Dakota pass the strongest law in the nation to protect children from the predatory pornography industry,” Republican state Rep. Bethany Soye, the bill’s lead sponsor, told the Washington Examiner.
The bill passed overwhelmingly in the South Dakota legislature, with a 61-5 vote in the House and a unanimous 34-0 vote in the Senate. The state’s Republican Senate Majority Leader Jim Mehlhaff praised the measure, calling it the toughest of its kind.
“I think it’s the strongest age verification legislation in the country. And I appreciate the leadership of Representative Soye and the others who worked on this issue,” Mehlhaff told the Washington Examiner.
The law requires websites featuring adult content to verify users are at least 18 years old before granting them access. Unlike similar laws in other states, South Dakota did not adopt the common “33.3% of content” threshold to define a “covered platform.” Instead, it applies to any website that hosts pornographic material as part of its “regular course of the website’s trade or business.” Lawmakers believe this definition will stand up better to legal challenges under a strict scrutiny constitutional test.
How the law’s enforcement works
Under the new law, websites must use verification methods such as a state-issued driver’s license, a nondriver identification card, or financial credentials such as a debit or credit card. The measure also prohibits platforms from storing or selling identifying information collected during verification to protect privacy.
Websites that fail to comply will receive a warning letter from the state attorney general. If they do not implement the required verification measures within 90 days, they could face fines of up to $5,000 and be charged with a class one misdemeanor. Repeat violations could result in class six felony charges — a first for any age verification law in the country.
‘Stay away from our kids’
Outside groups in support of the bill argue that it is necessary to protect minors from easy access to explicit content.
“After a multi-year battle, the bill has passed with overwhelming support — this sends a powerful message to the industry: stay away from our kids,” Norman Woods, Director of SD Family Voice, told the Washington Examiner.
Civil liberties groups already battling similar laws at Supreme Court
The bill, however, has drawn criticism from civil liberties advocates. The American Civil Liberties Union of South Dakota has warned that the law infringes on free speech and privacy rights while failing to safeguard children effectively.
“Is there harmful content on the internet for young viewers? Undoubtedly. But not every societal ill requires a solution from the government,” said ACLU-SD Advocacy Manager Samantha Chapman, pointing to existing tools such as “built-in parental controls” on devices to limit app permissions.
The passage of the 20th state law for pornography age verification comes as the Supreme Court considers a case challenging a similar Texas statute. The outcome of the case could pave the way for more states to enact similar laws without legal entanglements if the justices rule to uphold the state’s measure.
The Free Speech Coalition, which represents the adult entertainment industry against Texas’s law, has argued that these laws violate the First Amendment by imposing broad restrictions on content access.
During oral arguments last month, several Supreme Court justices appeared sympathetic to Texas’ efforts to shield children from online pornography but also wrestled with the constitutional limits on state regulation of speech. Chief Justice John Roberts acknowledged the rapid evolution of online access, noting that explicit material is now available to minors “at the push of a button.”
PORNOGRAPHY AGE-VERIFICATION LAWS GET WARM RECEPTION AT SUPREME COURT
Justices Brett Kavanaugh and Samuel Alito pressed attorneys on whether existing parental controls were sufficient, with Alito dismissing industry claims that content filters effectively block children from explicit material, saying, “Come on, be real.”
However, justices across the ideological spectrum, including Justice Ketanji Brown Jackson, raised concerns that Texas’ approach may unduly burden adult users and content creators, signaling the possible need for a narrower legal framework.
The Supreme Court is slated to rule on the case Free Speech Coalition v. Paxton by the end of June.
