Bill > H3826

Introduced Session

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,

Committee Categories

Mark Smith (R)*,  Mike Burns (R),  Sylleste Davis (R), 

Scrivener's error corrected (on 02/08/2023)

Official Document