South Carolina S 919: Protection of Minors from Pornography and Obscenities Act

Bill Text

2025-2026 Bill 919 Text of Previous Version (Feb. 11, 2026) - South Carolina Legislature Online 

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