The South Dakota House of Representatives voted overwhelmingly on Tuesday to advance a bill requiring age verification for accessing pornographic websites, despite concerns raised by some Democratic lawmakers about privacy, potential government overreach, and censorship. The bill passed 61-5 and now moves to the Senate for further consideration.

The bill, introduced by Representative Bethany Soye (R-Sioux Falls), mandates that adult websites verify users are at least 18 years old using methods such as uploading an image of a government-issued ID. The bill prohibits websites from retaining personal information after verification. Noncompliance would lead to penalties, escalating from misdemeanors for first offenses to felonies for repeated violations.

“This isn’t your old girly magazine,” said Soye, emphasizing the need for stricter measures to protect minors from accessing explicit online content. “I think most people today, especially older people, don’t understand just how violent and misogynistic porn has become.”

While there was broad support for the bill’s intent to safeguard children, some Democratic lawmakers voiced concerns over its broader implications.

Representative Erin Healy (D-Sioux Falls) acknowledged the importance of shielding children from explicit content but warned about the potential misuse of personal data.

“I think it sets a dangerous precedent of increased government control over the internet,” Healy said, adding that the requirement to upload identification creates a “gold mine of personal data.”

Representative Kadyn Wittman (D-Sioux Falls) echoed these concerns, pointing to the bill’s definition of harmful material. “We should be extremely wary of bills like this that place pressure on platforms to police their content out of fear for legal consequences,” Wittman said. She also questioned how broadly the definition of harmful material could be interpreted, potentially leading to unintended censorship.

The House measure now moves to the Senate, where a separate age verification bill is also under consideration. Unlike the House version, the Senate’s proposal is modeled after Texas legislation currently under review by the U.S. Supreme Court. The Senate bill would only take effect if the Texas law is upheld.

A key distinction between the two bills is the scope of their application. The Senate’s version would require age verification only for websites where at least one-third of the content is classified as harmful to minors. This provision aims to avoid targeting websites that might host some adult content but are not primarily pornographic.

The Senate committee will now deliberate on both measures. If enacted, South Dakota would join a growing list of states implementing age verification laws, a trend gaining momentum nationwide. However, the legislation could face legal challenges similar to those encountered in other states, particularly concerning its potential impact on free speech and data privacy.

Soye remains confident in the bill’s intent and necessity. “This is about protecting our children from material that can have a devastating impact on their development,” she said.

However, with privacy and constitutional concerns looming, the legislative journey for these measures is far from over.