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Senate approves bill removing a statutory affirmative defense for distributing material harmful to minors, with appeal process added
Summary
The South Dakota Senate passed House Bill 12‑39 on March 10, removing a statutory affirmative defense and creating a local appeal path for disputes over material deemed harmful to minors in taxpayer‑funded institutions.
The South Dakota Senate on March 10 approved House Bill 12‑39, a measure that removes a statutory affirmative defense for those who knowingly provide material harmful to minors at taxpayer‑funded institutions and requires local policies and an administrative appeal pathway.
Sponsor Senator Julie Nelson said the bill responds to parents and community members who have found explicit material on school and public library shelves. "This bill removes the affirmative defense or carve‑out that has allowed educational organizations to disseminate harmful material to minors,"…
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