S.D. Lawmaker Introduces Bill Specifying Who Could Profit From Porn (The Daily Republic)

Read the full article by Shannon Marvel at MitchellRepublic.com 

Under HB 1277, 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.

PIERRE, S.D. — A newly introduced bill would change who could profit from pornographic materials sold or exhibited in South Dakota.

House Bill 1277 states that “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.”

Rep. Isaac Latterell, R-Tea, is the prime sponsor of the bill, which was introduced Thursday, Feb. 6.

Anyone whose face is not shown or depicted in the obscene material cannot receive any profits from that 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,” the bill text states.

If a person does profit yet did not show their face in the material, the violation would be a class one misdemeanor under the proposed legislation.

“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 the damages, attorney feeds and $10,000 in statutory damages."

The bill has yet to be assigned to a committee for debate.

Latterell had not responded to a request for more information on the bill as of Monday evening.