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Bill

HB 1053

require age verification by websites containing material that is harmful to minors, and to provide a penalty therefor.

2025 Regular Session Introduced by Julie Auch and 42 co-sponsors

South Dakota law now requires websites with material harmful to minors to verify age before access, with penalties for non-compliance.

Signed by the Governor on 2025-02-27 H.J. 418
#crimes #minors #obscenityandpublicindecency #penalty #telecommunications
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Bill Summary · HB 1053

Legislative bill overview

HB 1053 requires websites containing material deemed harmful to minors to implement age verification systems before allowing access. The bill establishes penalties for non-compliance with these verification requirements. It became law in South Dakota on February 27, 2025.

Why is this important

This legislation represents a significant shift in how states approach online content regulation, potentially affecting millions of websites and internet users. It raises practical questions about implementation, effectiveness, and whether age verification technology can adequately protect minors while respecting privacy and access rights.

Potential points of contention

  • Definition ambiguity: "Material harmful to minors" lacks precise legal definition, creating uncertainty about which websites must comply and potential for overly broad interpretation
  • Privacy concerns: Age verification systems require collecting personal data, raising questions about data security, storage duration, and who has access to age/identity information
  • Technical feasibility: Effective age verification at scale is technically challenging and expensive; solutions range from ID scanning to facial recognition, each with implementation hurdles and accuracy issues
  • First Amendment implications: Mandatory age gates may face constitutional challenges as potential restrictions on adult access to lawful speech
  • Competitive burden: Compliance costs may disproportionately affect smaller websites and startups versus large tech companies with existing verification infrastructure

Compiled from official sources — confirm details with the bill’s official record.

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