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 statute to consolidate privacy violation offenses, clarified that "nudity" references § 22-24A-2's definition, and elevated digitally fabricated intimate material violations to Class 5 felonies.
The amendment restructured the statute to consolidate related conduct into three subdivisions with simplified penalties: Class 1 misdemeanor for subdivisions (1)-(2), upgraded to Class 6 felony for repeat offenses or when victims are under eighteen, and Class 5 felony for subdivision (3) deepfake violations.
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