South Carolina H 4123: A HOUSE RESOLUTION TO CONGRATULATE MARY JANE SMALL OF RICHLAND COUNTY ON THE OCCASION OF HER NINETY-FIFTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.

Bill Text

2025-2026 Bill 4123 Text of Previous Version (Mar. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4123

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 16-15-415, 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 a 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, or any portion of the material or 
performance, taken as a whole lacks serious literary, artistic, political, or scientific value for 
minors.

 (2) "Material" means pictures, 
drawings, video recordings, films, digital electronic files, words, gestures, 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) "Prostitution" means engaging or 
offering to engage in sexual activity with or for another in exchange for 
anything of value.

 (5) "Sexual activity" includes any of 
the following acts o