S 919

South Carolina General Assembly
126th Session, 2025-2026
Bill 919
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ENACTING THE "PROTECTION OF MINORS FROM PORNOGRAPHY
AND OBSCENITIES ACT" BY AMENDING SECTION 16-15-375, RELATING TO DEFINITIONS
APPLICABLE TO THE ARTICLE REGARDING OBSCENITY LAWS, SO AS TO AMEND THE
DEFINITIONS OF "HARMFUL TO MINORS" AND "MATERIAL" TO INCLUDE ANY PORTION OF
MATERIALS AND PERFORMANCES THAT MAY BE CONSIDERED OBSCENE, AND TO DEFINE THE
TERM "PROFANE LANGUAGE"; AND BY AMENDING SECTION 16-15-385, RELATING TO THE
OFFENSES OF DISSEMINATING HARMFUL MATERIAL TO MINORS AND EXHIBITING HARMFUL
PERFORMANCES TO MINORS, DEFENSES, AND PENALTIES, SO AS TO LIMIT THE AFFIRMATIVE
DEFENSE PROVIDED BY THE STATUTE ONLY TO THE TEACHING OF AGE-APPROPRIATE SEX
EDUCATION AND HUMAN BIOLOGY CURRICULUM.
Whereas, it is the
intention of the General Assembly that Article 3, Chapter 15, Title 16 of the
South Carolina Code of Laws, "Obscenity, Material Harmful to Minors, Child
Exploitation, and Child Prostitution," prohibit dissemination and promotion of
any and all materials "harmful to minors" regardless of if the obscene or
pornographic content is present in only a part of the materials or throughout
the content; and
Whereas, contrary to
the intent of Article 3, Chapter 15, Title 16, some persons and organizations
disseminate or promote to children materials that contain, in part, content
that is obscene, pornographic, or contains profane language claiming that the
current wording of:
    1. Section 16-15-375(1) allows such content
because the materials do not violate the law if they are "taken as a whole";
    2. Section 16-15-375(1)(c) allows such content
because the materials have "serious literary, artistic, political, or
scientific value for minors" if they are "taken as a whole";
    3. Section 16-15-375(2) does not include
prohibitions against profane language; or
    4. Section 16-15-385(C)(3) exempts schools and
other entities from "harmful to minors" prohibitions as long as they are
"carrying out a legitimate function"; and
Whereas, it is the
intention of the General Assembly to correct and further clarify the provisions
of Article 3, Chapter 15, Title 16, to eliminate these loopholes and
ambiguities in the law. Now, therefore,
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Protection of Minors from Pornography and
Obscenities Act."
SECTION 2.  Section 16-15-375 of the S.C. Code is amended to read:
    Section
16-15-375. The following definitions apply to
Section 16-15-385, disseminating or exhibiting to minors harmful material or
performances;  Section 16-15-387, employing a person under the age of eighteen
years to appear in a state of sexually explicit nudity in a public place;
Section 16-15-395, first degree sexual exploitation of a minor;  Section
16-15-405, second degree sexual exploitation of a minor;  Section 16-15-410,
third degree sexual exploitation of a minor;  Section 16-15-412, morphed image
of an identifiable minor;  arrest warrant;  Section 16-15-415, promoting
prostitution of a minor;  and Section 16-15-425, participating in prostitution
of a minor.
    (1)
"Harmful to minors" means that quality of any material or performance, or portion of any material or performance, that depicts
sexually explicit nudity or,
sexual activity, or contains profane language and
that, taken as a whole, has the following
characteristics:
       (a)
the average adult person applying contemporary community standards would find
that the material or performance, or any portion of the
material or performance, has a predominant
tendency to appeal to a prurient interest of minors in sex
or the obscene; and
       (b)
the average adult person applying contemporary community standards would find
that the depiction of sexually explicit nudity or, sexual activity, or use of profane
language in the material or performance, or any
portion of the material or performance, is patently offensive to
prevailing standards in the adult community concerning what is suitable for
minors; and
       (c)
to a reasonable person, the material or performance taken
as a whole, or any portion of the material or
performance, lacks serious literary, artistic,
political, or scientific value for minors.
    (2)
"Material" means pictures, drawings, video recordings, films, digital
electronic files, words, gestures, computer-generated
images or pictures, or other visual depictions or
representations but not material consisting entirely of
written words.
    (3)
"Minor" means an individual who is less than eighteen years old.
    (4) "Profane language" means language
or gestures communicated in any form or manner that, in context, depict or
describe sexual or excretory organs or activities in terms patently offensive
as measured by contemporary community standards.
    (4)(5) "Prostitution" means engaging or offering to engage in
sexual activity with or for another in exchange for anything of value.
    (5)(6) "Sexual activity" includes any of the following acts
or simulations thereof:
       (a)
masturbation, whether done alone or with another human or animal;
       (b)
vaginal, anal, or oral intercourse, whether done with another human or an
animal;
       (c)
touching, in an act of apparent sexual stimulation or sexual abuse, of the
clothed or unclothed genitals, pubic area, or buttocks of another person or the
clothed or unclothed breasts of a human female;
       (d)
an act or condition that depicts bestiality, sado-masochistic abuse, meaning
flagellation or torture by or upon a person who is nude or clad in
undergarments or in a costume which reveals the pubic hair, anus, vulva,
genitals, or female breast nipples, or the condition of being fettered, bound,
or otherwise physically restrained on the part of the one so clothed;
       (e)
excretory functions;
       (f)
the insertion of any part of a person's body, other than the male sexual organ,
or of any object into another person's anus or vagina, except when done as part
of a recognized medical procedure.
    (6)(7) "Sexually explicit nudity" means the showing of:
       (a)
uncovered, or less than opaquely covered human genitals, pubic area, or
buttocks, or the nipple or any portion of the areola of the human female
breast; or
       (b)
covered human male genitals in a discernibly turgid state.
    (7)(8) "Identifiable minor":
       (a)
means a person who:
  (1)
was a minor at the time the image was created, adapted, or modified, or whose
image as a minor was used in the creating, adapting, or modifying of the image;
and
  (2)
is recognizable as an actual person by the person's face, likeness, or other
distinguishing characteristic, such as a unique birthmark, or other
recognizable feature;
       (b)
shall not be construed to require proof of the actual identity of the
identifiable minor.
    (8)(9) "Morphed image" means any visual depiction or
representation, including any photograph, film, video, picture, or computer or
computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit conduct, where such visual
depiction or representation has been created, adapted, or modified to appear
that an identifiable minor is engaging in sexual conduct or sexually explicit
activity or appearing in a state of sexually explicit nudity.
SECTION 3.  Section 16-15-385(C) of the S.C. Code is amended to
read:
    (C) Except as provided in item (3) of this subsection, mistake of age is not a defense to a
prosecution under this section.  It is an affirmative defense under this
section that:
       (1)
the defendant was a parent or legal guardian of a minor, but this item does not
apply when the parent or legal guardian exhibits or disseminates the harmful
material for the sexual gratification of the parent, guardian, or minor.
       (2)
the defendant was a school, church, museum, public,
school, college, or university library, government agency, medical
clinic, or hospital carrying out its legitimate function, or an employee or
agent of such an organization acting in that capacity and carrying out a
legitimate duty of his employment. Such legitimate function
or duty is strictly limited to the age-appropriate teaching of a sex education
program or human biology curriculum for which express written consent from the
minor's parent or legal guardian has been obtained in advance, and excludes
school and classroom libraries.
       (3)
before disseminating or exhibiting the harmful material or performance, the
defendant requested and received a driver's license, student identification
card, or other official governmental or educational identification card or
paper indicating that the minor to whom the material or performance was
disseminated or exhibited was at least eighteen years old, and the defendant
reasonably believed the minor was at least eighteen years old.
SECTION 4.  The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all laws
repealed or amended by this act must be taken and treated as remaining in full
force and effect for the purpose of sustaining any pending or vested right,
civil action, special proceeding, criminal prosecution, or appeal existing as
of the effective date of this act, and for the enforcement of rights, duties,
penalties, forfeitures, and liabilities as they stood under the repealed or
amended laws.
SECTION 5.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 6.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on February 11, 2026 at 01:24 PM