Age verification, it seems, is here to stay, with South Dakota being the latest to pass the measure.

South Dakota has officially enacted one of the toughest age verification laws in the nation, requiring adult websites to implement strict verification measures or face criminal penalties.

Governor Larry Rhoden (R) signed House Bill 1053 (HB 1053) into law on Thursday, February 22, 2025, making South Dakota the 20th state to pass such legislation—and the first to attach felony charges for repeat violations.

“I signed a bill to require age verification by websites containing material that is harmful to minors,” Rhoden stated. “I will continue to find ways to keep South Dakota safe for our kids.”

The law, which takes effect on July 1, 2025, mandates that all websites containing adult content must verify a user’s age before granting access.

Websites must use approved verification methods, such as:

✔ State-issued driver’s license
✔ Nondriver identification card
✔ Financial credentials (e.g., credit or debit card)

Additionally, the law prohibits platforms from storing, selling, or retaining users’ personal data collected during verification.

Unlike other state-level age verification laws, South Dakota has introduced criminal penalties for noncompliance.

• First violation: Websites receive a warning letter from the Attorney General’s office and have 90 days to comply.
• Second violation: A Class 1 misdemeanor, punishable by up to one year in jail and a fine of $2,000.
• Repeat violations: Class 6 felony charges, carrying up to two years in prison and a $4,000 fine.

This approach is a national first, as no other state has attached felony-level consequences for failing to implement age verification.

The bill passed overwhelmingly in the South Dakota Legislature:

✔ House: 61-5 vote
✔ Senate: Unanimous 34-0 vote

Republican Senate Majority Leader Jim Mehlhaff called HB 1053 “the strongest age verification legislation in the country.”

Conservative advocacy groups celebrated the passage of HB 1053.

“After a multi-year battle, this sends a powerful message to the industry: stay away from our kids,” said Norman Woods, Director of SD Family Voice.

Lead sponsor Rep. Bethany Soye (R), a strong advocate of age verification laws, stated:

“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.”

However, civil liberties organizations and the adult entertainment industry have strongly opposed the measure.

✔ The American Civil Liberties Union of South Dakota (ACLU-SD) argues the law violates privacy rights and First Amendment protections.

✔ Advocacy Manager Samantha Chapman criticized the bill, stating:

“Not every societal ill requires a solution from the government. Parents already have built-in parental controls and filtering options to limit access.”

✔ The Free Speech Coalition (FSC), a trade group representing the adult industry, has already challenged similar laws in multiple states, arguing they create unconstitutional barriers to legal content for adults.

Supreme Court Case Could Decide the Fate of State-Level AV Laws
The passage of South Dakota’s law comes as the U.S. Supreme Court is currently reviewing Free Speech Coalition v. Paxton, a case that challenges Texas’s age verification law.

If the Supreme Court upholds Texas’ law, it could pave the way for more states to implement similar regulations without facing constitutional roadblocks.

If the Court rules against Texas, South Dakota’s criminal penalties could face immediate legal challenges.

During oral arguments, the justices were divided:

✔ Chief Justice John Roberts acknowledged that online access to explicit material is far too easy for minors.
✔ Justice Samuel Alito dismissed claims that existing content filters are enough, saying, “Come on, be real.”
✔ Justice Ketanji Brown Jackson, however, raised concerns about how these laws burden adult users and content creators.

A ruling in Free Speech Coalition v. Paxton is expected by June 2025, which could directly impact South Dakota’s law.

South Dakota’s decision to impose felony penalties for age verification violations has set a new precedent, and other states are taking notice:

Mississippi is considering a nearly identical bill.

Florida, Ohio, and Missouri have pending AV legislation.
Utah, Texas, and Louisiana already require age verification, but with civil—not criminal—penalties.

With 20 states now enforcing age verification laws, the debate over digital privacy, free speech, and child protection is reaching a critical point.