South Dakota SB 18

Age verification mandate.

Age verification mechanisms allowed:

• A state-issued driver license or non-driver identification card;
• A military identification card;
• The individual's bank account information;
• A debit or credit card from the individual that requires the individual in ownership of the card to be at least eighteen years of age; or
• Any other method that reliably and accurately determines if a user of a covered platform is a minor and prevents a minor from accessing the content of a covered platform

Enforcement:

• If a covered platform is not in substantial compliance, the attorney general must provide written notice to the covered platform before initiating an action. The attorney general shall identify in the notice the specific provision that is alleged to have been violated, and what measures must be implemented by the covered platform to prevent future violations.
• If the covered platform implements the measures stated in the notice and provides the attorney general a written statement under oath that the measures stated in the notice have been implemented, within ninety days of the notice provided under this section, the covered platform is not criminally liable or liable for a civil penalty for any cured violation.
• Any covered platform found to be in violation of this Act is subject to an injunction and liable for a civil penalty of not more than five thousand dollars for each separate instance that the covered platform fails to perform reasonable age verification. The civil penalty may be assessed and recovered only in a civil action brought by the attorney general. The attorney general shall forward any civil penalty collected under this section to the state treasurer, for deposit in the state general fund.
• First violation: Class 1 misdemeanor; subsequent violations: Class 6 felony.