South Dakota HB 1277: Only Those Featured In Porn Can Profit

February 19, 2020 Camming News , Clip Site News , Politics

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SD HB 1277: Only Performers In Porn Scenes Can Profit

South Dakota House Bill 1277, introduced on February 6th, 2020 by Rep. Isaac Latterell (R-Tea). If passed, the bill would make it so that only the person(s) who’s face actually appear in an “obscene material” (AKA a porn scene) would be able to receive any profits generated from said material. Anyone who’s face is not depicted would not be able to profit from said obscene material and the ability to profit from the obscene material would not be able to be sold or transferred.

 

How SD HB 1277 Could Impact The Porn Industry

When we look at the porn industry, whether mainstream or indie, there’s tons of parties profiting off the content. This ranges from the agents and studios (for mainstream) to the camming and clip sites for indie. Plus, we’ve got the payment processors, as well as the credit card companies for that matter. If said content gets uploaded to a tube site, said tube site is also profiting from the content via display ads. Plus, there might be affiliates and webmasters who are profiting from said content as well.

 

Could HB 1277’s Passing Result In SD Performers Being Laid Off?

Let’s look at this bill from a camming site or clip site’s point of view. If the network would have to give all South Dakota 100% of the profits, while still occurring overhead from payment processing, hosting, ect. why would any network maintain their SD performers? They would be a liability instead of an asset. It would also be impossible for an indie pornstar to partner with a payment processor to sell their own content, as the payment processor would also be profiting from the transactions of the obscene content, therefore violating the language of HB 1277.

Therefore, if the language is interpreted as-is, HB 1277 would make it nearly impossible for any South Dakota performers to profit off their shows or content. Cryptocurrency might be a workaround, as crypto does provide a high-risk method to receive 100% of the transaction, but even with crypto one could argue that the exchanges are profiting from the transactions, although that would be a tough thing to prove.

 

Full Language Of SD HB 1277:

You can find a copy/paste of the full language of SD 1277 below. You can also download the PDF version here.

An Act to only authorize a person whose face is depicted in certain obscene material to receive revenue generated by the distribution or exhibition of the material.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

22-24-69. Receipt of revenue from obscene material–Prohibitions–Violation as misdemeanor–Civil action–Civil damages.

No person other than the person whose face is depicted in obscene material distributed or exhibited in this state may receive any revenue generated in connection with the distribution or exhibition of the obscene material. The right of the person to receive revenue under this section may not be sold, transferred, assigned, pledged, attached, garnished, encumbered, or otherwise alienated nor may the right be taken, voluntarily or involuntarily, for the satisfaction of any debt or claim against the person, including a claim for alimony, support, separate maintenance or a claim in a bankruptcy proceeding. A violation of this section is a Class 1 misdemeanor.

A person whose face is depicted in obscene material may bring a civil action against a person who violates the person’s rights under this section and recover an amount equal to the sum of:

  1. Actual damages;
  2. Statutory damages in the amount of ten thousand dollars;
  3. Attorney fees; and
  4. Costs and disbursements as allowed by law.

Section 2. That § 22-24-27 be AMENDED:

22-24-27. Definitions.

Terms used in §§ 22-24-25 to 22-24-37, inclusive, and § 22-24-69 mean:

(1) “Contemporary community standard,” the contemporary community standard of the state in which the question of obscenity is to be tested, by the average person, of the state;

(2) “Distributed,” to transfer possession of, whether with or without consideration;

(3) “Exhibit,” to show or display;

(4) “Harmful to minors,” includes in its meaning the quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, if it:

(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors; and

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(c) Is without serious literary, artistic, political, or scientific value;

(5) “Magistrate,” any circuit court or magistrate judge;

(6) “Material,” anything tangible which is harmful to minors, whether derived through the medium of reading, observation, or sound;

(7) “Matter” or “material,” any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or recording, transcription or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials;

(8) “Minor,” any person less than eighteen years of age;

(9) “Nudity,” within the meaning of subdivision (4) of this section, the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;

(10) “Obscene live conduct,” any physical human body activity, whether performed or engaged in alone or with other persons, including singing, speaking, dancing, acting, simulation, or pantomiming, where:

(a) The dominant theme of such conduct, taken as a whole, appeals to a prurient interest;

(b) The conduct is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and

(c) The conduct is without serious literary, artistic, political, or scientific value.

In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct;

(11) “Obscene material,” material:

(a) The dominant theme of which, taken as a whole, appeals to the prurient interest;

(b) Which is patently offensive because it affronts contemporary community standards relating to the description or representation of sado-masochistic abuse or sexual conduct; and

(c) Lacks serious literary, artistic, political, or scientific value.

In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter;

(12) “Prurient interest,” a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group;

(13) “Sado-masochistic abuse,” flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;

(14) “Sexual conduct,” within the meaning of subdivision (4) of this section, any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, the breast;

(15) “Sexual excitement,” the condition of human male or female genitals when in a state of sexual stimulation or arousal.

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