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SD SB41
Bill
AI Summary
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Amends South Dakota's criminal invasion of privacy statute (§ 22-21-4) to add a new offense for knowingly creating, disclosing, distributing, or selling digitally fabricated material depicting an identifiable person in nudity or sexual conduct without their consent
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Defines "digitally fabricated material" as images, photographs, videos, or visual depictions that appear authentic but are adapted, generated, or modified to falsely depict an individual's appearance, conduct, or voice (targeting deepfakes)
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Classifies creation or distribution of such digitally fabricated sexual material as a Class 5 felony
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Existing voyeurism and non-consensual intimate image offenses remain Class 1 misdemeanors, elevated to Class 6 felonies when the victim is 17 or younger and perpetrator is 21 or older, or for subsequent violations
Legislative Description
Revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.
Crimes
Last Action
Delivered to the Governor on March 11, 2026 S.J. 520
3/11/2026