South Dakota Governor Signs AV Law With Criminal Charges

South Dakota Governor Signs AV Law With Criminal Charges

PIERRE, S.D. — South Dakota Governor Larry Rhoden has signed into law a bill imposing criminal charges on sites that fail to verify users' ages before providing access to adult content.

The governor’s office has confirmed that the governor signed the bill at a private signing ceremony Thursday morning.

“As parents, we just want to protect our kids,” said Rhoden. “But technology moves so fast that it often seems impossible. I signed a bill to require age verification by websites containing material that is harmful to minors. I will continue to find ways to keep South Dakota safe for our kids.”

South Dakota is the 20th state to pass an age verification law. While most state AV laws make violations actionable solely via civil suits, however, violating HB 1053 is a Class 1 misdemeanor, and any subsequent violation constitutes a Class 6 felony.

Another difference between the new South Dakota law and the other AV laws and bills being promoted around the country by religious conservative activists is the delineation of what sites and platforms are covered.

Most AV bills are copycats or variations on the original Louisiana law that sparked the age verification legislative trend, and define covered platforms as those on which one-third of content is considered “harmful to minors.” In South Dakota, however, covered platforms are websites “for which it is in the regular course of the website's trade or business to create, host, or make available material that is harmful to minors.”

State Representative Bethany Soye, who sponsored the law, promoted this provision as a way to address the vagueness of the one-third standard and the potential loopholes it leaves open. Soye also argued that the “regular course” model is much more likely to be upheld in court.

A recent debate in the South Dakota state Senate Judiciary Committee focused largely on which piece of AV legislation could best withstand potential legal challenges.

Tennessee’s AV law, the Protect Tennessee Minors Act, also imposes criminal liability. That law took effect in January following the 6th Circuit Court of Appeals’ decision to lift a district court’s preliminary injunction against enforcement. The injunction was imposed as a result of a legal challenge by Free Speech Coalition and co-plaintiffs.

"Another day, another state disregarding First Amendment protections by enacting an age verification law," industry attorney Corey D. Silverstein told XBIZ. "This time, South Dakota’s lawmakers have passed a statute that conflicts with established case law and ignores the pending Supreme Court decision that may upend Texas’ approach."

Free Speech Coalition et al. v. Paxton, the industry trade organization’s challenge to Texas’ AV law, is awaiting a decision from the Supreme Court on what standard of review should apply to such laws, which aim to protect minors but in the process burden adults’ access to protected speech. A lower court applied only the “rational basis” standard, whereas FSC, its fellow plaintiffs and free speech advocates maintain that the highest level of judicial review, “strict scrutiny,” must apply in such cases.

Silverstein also observed that the South Dakota’s law inclusion of criminal liability makes a constitutional challenge "all but inevitable." 

The law takes effect July 1, which Silverstein noted gives website operators "just a few months to decide how to handle South Dakota users and avoid potential liability."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Show More