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

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Show More