South Carolina H4123

"Harmful to minors" means that quality of any material or performance, or a portion of any material or performance, that depicts sexually explicit nudity or, sexual activity, or contains profane language and that, taken as a whole, has the following characteristics: (a) the average adult person applying contemporary community standards would find that the material or performance; or any portion of the material or performance, has a predominant tendency to appeal to a prurient interest of minors in sex or the obscene; and (b) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or, sexual activity, or use of profane language in the material or performance, or any portion of the material or performance, is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and (c) to a reasonable person, the material or performance, or any portion of the material or performance, taken as a whole lacks serious literary, artistic, political, or scientific value for minors. (2) "Material" means pictures, drawings, video recordings, films, digital electronic files, words, gestures, or other visual depictions or representations but not material consisting entirely of written words.

"Profane language" means language or gestures communicated in any form or manner that, in context, depict or describe sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards.

It is an affirmative defense under this section that: [...] (2) the defendant was a school, church, museum, public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment. Such legitimate function or duty is strictly limited to the age-appropriate teaching of a sex education program or human biology curriculum for which express written consent from the minor's parent or legal guardian has been obtained in advance, and excludes school and classroom libraries.