South Dakota law now prohibits creating and sharing digitally fabricated (deepfake) sexual images of identifiable people, making it illegal to generate or distribute fake nude or sexually explicit videos or photos of someone without their consent. The bill also expands the existing "invasion of privacy" law to make clear that both the creation and distribution of such deepfakes are crimes, with penalties ranging from misdemeanor to felony charges depending on whether the victim is a minor.
The amendment restructured the bill's criminal invasions of privacy statute by reorganizing three separate prohibited acts into a clearer format, adding a new definition section for key terms like "digitally fabricated material" and "identifiable," and upgraded the penalty for deepfake distribution to a Class 5 felony while maintaining Class 1 misdemeanor and Class 6 felony penalties for non-consensual photography and disclosure. These changes STRENGTHEN the bill's enforcement against deepfakes by creating explicit statutory definitions and establishing more severe consequences for their creation and distribution.
The amendment restructures the criminal invasion of privacy statute by consolidating and clarifying the three prohibited acts—voyeurism, distribution of voyeuristic material, and deepfakes—while adjusting penalties so that voyeurism and distribution violations are Class 1 misdemeanors (Class 6 felonies for repeat or child victims), and deepfake creation/distribution is a Class 5 felony. This STRENGTHENS the bill's enforcement against nonconsensual intimate imagery by creating clearer distinctions between offense types and establishing proportionate felony penalties for digitally fabricated material.
Signed by the Governor S.J. 548
Delivered to the Governor S.J. 520
Signed by the Speaker H.J. 553
Signed by the President S.J. 505
Senate Concurred in amendments Passed, YEAS 34, NAYS 0. S.J. 478
House of Representatives Do Pass Amended Passed, YEAS 60, NAYS 6. H.J. 491
House of Representatives Motion to amend H.J. 490
Judiciary Do Pass Passed, YEAS 8, NAYS 3. H.J. 31
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 53
Senate Do Pass Passed, YEAS 32, NAYS 0. S.J. 61
Judiciary Do Pass Passed, YEAS 6, NAYS 0. S.J. 1
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 13
Concurred in amendments
Do Pass Amended
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass