South Dakota lawmakers have moved one step closer to implementing one of the most stringent age verification (AV) laws in the country. The State Senate Judiciary Committee voted unanimously (7-0) on Tuesday to advance House Bill (HB) 1053 to a floor vote, signaling strong Republican support for the measure.

HB 1053, sponsored by Rep. Bethany Soye (R), targets adult websites, requiring them to implement strict age verification measures or face civil penalties and criminal charges, including misdemeanor and felony convictions for repeat violations.

If passed, South Dakota would join Tennessee as the only two states to impose criminal penalties for failing to comply with AV laws, escalating the enforcement of online adult content regulation nationwide.

The bill mandates that any website providing content deemed “harmful to minors” must implement “reasonable age verification” to ensure users are at least 18 years old.

Acceptable verification methods include:

• A state-issued driver’s license or ID
• Bank account verification
• Credit or debit card authentication
• Any other method ensuring reliable and accurate age verification

Failure to comply would result in:

• A Class 1 misdemeanor for an initial violation
• A Class 6 felony for repeat offenses
• Civil penalties of up to $5,000 per violation

The South Dakota Attorney General’s office would be responsible for enforcing the law, issuing 90-day compliance warnings before pursuing legal action against non-compliant platforms.

HB 1053 has drawn opposition from civil rights and technology advocacy groups, including the American Civil Liberties Union (ACLU) of South Dakota.

Samantha Chapman, an ACLU lobbyist, warned that the bill could lead to government overreach and online censorship:

“I think we need to be really, really cautious and very serious even in situations where we think that we’re only targeting what might be pornographic or sexual-based speech.”

Chapman argued that the lack of a content threshold could result in websites restricting access to entire online libraries or educational resources if even a small portion contains adult material.

Additionally, privacy advocates have raised concerns about requiring users to submit personally identifiable information (PII) to third-party verification services, potentially exposing them to data breaches or misuse.

HB 1053 follows a nationwide push by Republican-led legislatures to restrict online access to adult content, with over a dozen states passing or considering similar AV laws.

Louisiana became the first state to implement an age verification law for porn sites in 2023, requiring ID submission for access.

Utah, Mississippi, Arkansas, and Texas followed, leading major adult platforms like Pornhub to block access entirely in those states.

Florida, Montana, and Ohio are currently reviewing AV bills that could impose further restrictions.

However, these laws have faced significant legal pushback:

A federal judge blocked Texas’ AV law in 2023, ruling it was unconstitutional under the First Amendment.

Free Speech Coalition v. Paxton, a case currently before the U.S. Supreme Court, will determine whether such AV laws violate free speech protections.

If South Dakota passes HB 1053, it will almost certainly face immediate legal challenges, potentially stalling enforcement.

With Republicans holding 32 of 35 seats in the South Dakota Senate, HB 1053 is expected to pass and move to Gov. Kristi Noem’s desk. If signed into law, it would go into effect later in 2025—unless blocked by a lawsuit.