A legislative committee in South Dakota has approved a proposal aimed at requiring age verification for residents before they are able to access pornography online. The Artificial Intelligence and Regulation of Internet Access by Minors study committee announced their endorsement on Wednesday, emphasizing that the main objective of this initiative is to shield children from exposure to pornographic materials, according to reports from local media. This proposal bears similarities to a Texas law that is currently under consideration by the U.S. Supreme Court.

Plans for the South Dakota initiative indicate that it will likely be presented in 2025. Earlier this year, the state Senate turned down a concept for age verification; however, lawmakers opted to create the interim study committee to dig deeper into the matter. “We received feedback from numerous stakeholders and now possess key amendments that will improve this bill. My consistent aim was to devise a solution that is both constitutional and enforceable,” stated state Sen. Helene Duhamel, a Republican who serves on the interim committee.

Under the proposed legislation, online platforms that host pornographic content will be mandated to implement “reasonable age verification” systems intended to confirm that users are at least 18 years old. This could be accomplished by presenting valid identification, such as a driver’s license, military ID, or banking information. It is important to note that companies would not be allowed to keep any personal identification information from users.

The existing Texas law includes penalties amounting to $10,000 for each infraction, with possible escalations up to $250,000 if the violator is a minor. However, a federal judge obstructed the enforcement of age verification mandates and associated health warnings last year, ruling that such requirements likely contravened the U.S. Constitution. In a subsequent ruling in March, a divided panel from the 5th U.S. Circuit Court of Appeals overturned the age verification provision but maintained that adult websites cannot be compelled to carry health warnings they oppose.

The health warnings, which have been challenged by the industry, assert claims such as that pornography can be addictive, hinders mental development, and heightens the demand for prostitution and the exploitation of children, including child sexual abuse images. Several other states, including Arkansas, Indiana, Kansas, Louisiana, Mississippi, Montana, Oklahoma, Utah, and Virginia, have enacted similar laws regarding age verification.