South Dakota · AI compliance plan
What South Dakota’s AI laws require of you.
South Dakota has 4 enacted AI laws in our records. We have mapped 4 of them duty by duty: 10 duties in all, each with who it falls on, when it starts and the section of law it comes from.
The plan at a glance
Pro turns this plan into a spreadsheet for audit files and a calendar of every start date. The plan on this page stays open to everyone.
Triggered by an event 10 duties
These apply when something happens, such as a request, an incident or a decision about a person. Each row says what triggers it.
| Starts | Law | Who | What it requires | How often | Source |
|---|---|---|---|---|---|
| When triggered | South Dakota computer-generated child pornography offenses (SB 79, 2024) | Person | Do not knowingly possess, sell or distribute child pornography or computer-generated child pornography, including AI-created depictions indistinguishable from an actual minor.Applies when: Any visual depiction covered by the definitions; consent and mistake of age are not defenses. | Ongoing | SB 79 §§ 2, 3, 7 |
| When triggered | South Dakota computer-generated child pornography offenses (SB 79, 2024) | Person | Do not create, cause the creation of, or knowingly permit the creation of child pornography or computer-generated child pornography.Applies when: Any creation, including with AI or other computer technology. | Ongoing | SB 79 § 4 |
| When triggered | South Dakota digitally fabricated intimate material offense (SB 41, 2026) | Person | Do not knowingly create, disclose, distribute or sell digitally fabricated material showing an identifiable person nude or in sexual conduct without their consent or knowledge.Applies when: Done to self-gratify, or to alarm, annoy, embarrass, harass, threaten or harm the person, and an ordinary viewer would conclude it depicts them. | Ongoing | SDCL 22-21-4(3), as amended by SB 41 § 1 |
| When triggered | South Dakota election deepfake law (SB 164, 2025) | Person | Within 90 days of an election, do not disseminate, or agree to disseminate, an undisclosed deepfake you know or should know is one, intending to injure a candidate.Applies when: Election-related deepfakes intended to injure a candidate; satire, parody and listed media and service providers are exempt. | Each time it happens | SB 164 §§ 2, 3 |
| When triggered | South Dakota election deepfake law (SB 164, 2025) | Person | Add the statutory AI disclosure: superimposed on images and video in readable type no smaller than other text; read aloud at the start and end of audio.Applies when: Disclosure text: "This (image/video/audio) has been manipulated or generated by artificial intelligence." It is an affirmative defense to any action under the Act. | Each time it happens | SB 164 § 6 |
| When triggered | South Dakota fully autonomous vehicles act (HB 1095, 2024) | Owner of a fully autonomous vehicle | Run driverless only with the system engaged, able to reach a minimal risk condition on failure or leaving its design domain, able to obey traffic laws, and federally labeled.Applies when: A fully autonomous vehicle operates on South Dakota public roads without a human driver. | Ongoing | HB 1095 § 2 |
| When triggered | South Dakota fully autonomous vehicles act (HB 1095, 2024) | Owner of a fully autonomous vehicle | Keep proof of financial responsibility meeting SDCL chapter 32-35 for each fully autonomous vehicle on public roads.Applies when: A fully autonomous vehicle operates on public roads. | Ongoing | HB 1095 § 4 |
| When triggered | South Dakota fully autonomous vehicles act (HB 1095, 2024) | Owner of a fully autonomous vehicle | Ensure the vehicle remains at a crash scene as chapter 32-34 requires, and report crashes or collisions under chapter 32-34, directly or through someone acting for you.Applies when: A fully autonomous vehicle is involved in a crash or collision; failures are imputed to the owner. | Each time it happens | HB 1095 § 5 |
| When triggered | South Dakota fully autonomous vehicles act (HB 1095, 2024) | Owner of a fully autonomous vehicle | Title and register the vehicle, submitting its SAE J3016B automation level and supporting documentation to the Department of Revenue.Applies when: Titling under chapter 32-3 and registration under chapter 32-5. | Once | HB 1095 § 7 |
| When triggered | South Dakota fully autonomous vehicles act (HB 1095, 2024) | Person operating a vehicle with an automated driving system | Respond to the automated driving system's request to intervene when it cannot perform the entire driving task and will not reach a minimal risk condition.Applies when: Operating a vehicle whose system may issue a request to intervene. | Ongoing | HB 1095 § 8 |
Law by law
Who each law covers, who enforces it, the penalties, whether people can sue and what the text leaves open. Open a law to see it; every line cites its section.
South Dakota computer-generated child pornography offenses (SB 79, 2024)
2 duties · checked November 15, 2026
SB 79, 99th Legislative Session (2024), enrolled; amends SDCL 22-24A-2 and related sections, adds new sections to chapter 22-24A, repeals 22-24A-3. Official text · Full law page
Who it covers
- Person. Anyone who knowingly possesses, sells or distributes, or creates or knowingly permits creation of, child pornography or computer-generated child pornography. SB 79 §§ 2-4
Enforcement
- Enforcer: Criminal prosecution; the Act does not name the prosecuting office. Convictions count as sex crimes under SDCL 22-24B-1. A web search on November 15, 2026 found no court challenge to this law.
- Penalty: Class 4 felony; mandatory minimum 1 year (first offense) or 5 years (subsequent), possession. SB 79 § 2
- Penalty: Class 3 felony; mandatory minimum 5 years (first offense) or 10 years (subsequent), selling or distributing. SB 79 § 3
- Penalty: Class 2 felony; mandatory minimum 10 years (first offense) or 20 years (subsequent), manufacturing. SB 79 § 4
- Can people sue? The law does not say SB 79
- Time to fix before enforcement: The law does not say
Exemptions
- Materials involving only nudity that are made for and have serious literary, artistic, educational or scientific value. SDCL 22-24A-20, as amended by SB 79 § 12
What the text leaves open
- The enrolled copy's Governor approval and filing blocks are blank, and the bill page on the Legislature site needs JavaScript and could not be read, so the signing date and effective date were not confirmed on an official page.
- The Act has no exemption for law enforcement or online service providers.
- Fine and maximum prison ranges for the felony classes are set elsewhere in the SDCL, which was not read.
South Dakota digitally fabricated intimate material offense (SB 41, 2026)
1 duty · checked November 15, 2026
SB 41, 101st Legislative Session (2026), enrolled; amends SDCL 22-21-4 and adds a new section to chapter 22-21. Official text · Full law page
Who it covers
- Person. Anyone who knowingly and intentionally creates, discloses, disseminates, distributes or sells digitally fabricated sexual material of an identifiable person without consent. SDCL 22-21-4(3), as amended by SB 41 § 1
Enforcement
- Enforcer: Criminal prosecution; the Act does not name the prosecuting office. A web search on November 15, 2026 found no court challenge to this law.
- Penalty: Class 5 felony; fine and prison amounts are not stated in the Act, creating or distributing digitally fabricated sexual material without consent. SDCL 22-21-4, as amended by SB 41 § 1
- Can people sue? The law does not say SB 41
- Time to fix before enforcement: The law does not say
Exemptions
- The Act lists no exemptions for platforms, service providers, news or law enforcement. SB 41 §§ 1, 2
What the text leaves open
- The enrolled copy's Governor approval and filing blocks are blank, and the bill page on the Legislature site needs JavaScript and could not be read, so the signing date and effective date were not confirmed on an official page.
- Fine and prison ranges for a Class 5 felony are set elsewhere in the SDCL, which was not read.
- The Act does not say whether platforms that host such material are covered; no platform exemption or removal duty appears.
South Dakota election deepfake law (SB 164, 2025)
2 duties · checked November 15, 2026
SB 164, 100th Legislative Session (2025), enrolled; adds six new sections to SDCL chapter 12-26. Official text · Full law page
Who it covers
- Person. Anyone who disseminates a deepfake, or contracts or agrees to disseminate one, with intent to injure a candidate within 90 days of an election. SB 164 § 2
Enforcement
- Enforcer: Criminal prosecution for the misdemeanor; the attorney general, an injured candidate or the depicted individual may seek an injunction; candidates and depicted individuals may sue for damages. A web search on November 15, 2026 found no court challenge to this law.
- Penalty: Class 1 misdemeanor; fine and jail amounts are not stated in the Act, disseminating an undisclosed deepfake with intent to injure a candidate within 90 days of an election. SB 164 § 2
- Penalty: Damages, reasonable costs and attorney fees, and other relief; no fixed amount, civil suit by a candidate or depicted individual, who must prove knowing use of a deepfake by clear and convincing evidence. SB 164 § 5
- Penalty: Injunction or other equitable relief, action by the attorney general, an injured candidate or the depicted individual to stop dissemination. SB 164 § 4
- Can people sue? Yes SB 164 §§ 4, 5 (candidates and depicted individuals may seek injunctions and damages)
- Time to fix before enforcement: The law does not say
Exemptions
- Deepfakes that are satire or parody. SB 164 § 3(1)
- Broadcasters, cable and satellite operators, programmers and producers airing a deepfake in bona fide news coverage that clearly acknowledges questions about its authenticity, or paid to broadcast it. SB 164 § 3(2)
- Websites and regularly published periodicals of general circulation that routinely carry news and commentary and are paid to publish the deepfake. SB 164 § 3(3)
- Interactive computer services, internet service providers, cloud and domain providers acting in a merely technical, automatic or intermediate capacity. SB 164 § 3(4)
What the text leaves open
- The enrolled copy's Governor approval and filing blocks are blank, and the bill page on the Legislature site needs JavaScript and could not be read, so the signing date and effective date were not confirmed on an official page.
- The Act does not define candidate or election.
- Fine and jail ranges for a Class 1 misdemeanor are set elsewhere in the SDCL, which was not read.
South Dakota fully autonomous vehicles act (HB 1095, 2024)
5 duties · checked November 15, 2026
HB 1095, 99th Legislative Session (2024), enrolled; adds new sections to SDCL Title 32. Official text · Full law page
Who it covers
- Owner of a fully autonomous vehicle. The owner of a motor vehicle with an automated driving system designed to operate without a human driver at SAE level 4 or 5. HB 1095 §§ 1, 3, 5
- Person operating a vehicle with an automated driving system. A person who operates a vehicle equipped with an automated driving system capable of the entire dynamic driving task. HB 1095 § 8
- On-demand autonomous vehicle network. A software-based transportation service that dispatches fully autonomous vehicles to carry passengers or goods. HB 1095 §§ 1, 6
Enforcement
- Enforcer: Ordinary traffic law enforcement; while the automated driving system is engaged it is treated as the driver, and violations are imputed to the vehicle owner, who may be charged and convicted. A court challenge was not searched for in this run.
- Penalty: the law does not set an amount.
- Can people sue? The law does not say HB 1095
- Time to fix before enforcement: The law does not say
Exemptions
- Vehicles designed to be operated only by an automated driving system are exempt from equipment laws that relate to a seated human driver and are not relevant to the system. HB 1095 § 10
- Provisions of chapters 32-12 and 32-12A, and of commercial vehicle law, that apply only to human drivers do not apply while the automated driving system is engaged. HB 1095 §§ 6, 9
- State agencies and political subdivisions may not ban these vehicles or networks or add specific taxes, fees or requirements beyond the Act, subject to Transportation Commission rules and local road authority. HB 1095 §§ 11, 13
What the text leaves open
- The enrolled copy's Governor approval and filing blocks are blank, and the bill page on the Legislature site needs JavaScript and could not be read, so the signing date and effective date were not confirmed on an official page.
- Penalties for the underlying traffic, crash-reporting and financial-responsibility chapters were not read.
- The Act's title refers to automated motor vehicles, but its operative term is fully autonomous vehicle.
How the plan is built
Each law in the plan was read from its official text, on the legislature’s or state’s own website. 265 of the 326 have also been read a second time to confirm every date, threshold, penalty and enforcer; the rest have had one full read, and each shows the date it was last checked. Each duty is written in plain English in 30 words or fewer and carries the section it comes from, with a link.
Where a law is silent, the plan says so. It does not borrow a penalty from another statute or guess at a deadline. A law that is repealed or replaced on a known date shows that end date, and its duties leave the plan once the date passes. The date each law was last checked appears with it.
The plan is built fresh from these records every time the page loads, so it changes as soon as a law is added or re-checked. To report an error, use the corrections page. For how we find laws and decide what counts as an AI law, see our methodology. If you are not sure which laws touch your business at all, start with Am I Affected?
Common questions
What does an AI compliance plan cover?
Each duty an enacted state AI law places on a business or other regulated party: who it applies to, what it requires, when it starts, how often it recurs, who enforces it, the penalties and whether people can sue. The builder covers 1,235 duties in 326 enacted laws across 50 states, and every duty links to the section of law it comes from.
Where does the information come from?
From the official text of each law: the enrolled bill, session law or codified statute, opened on the legislature's or state's own website. 265 of the 326 laws have also been read a second time to confirm every date, threshold, penalty and enforcer, and the date each law was last checked is shown with it. Where a law is silent on a point, such as a penalty amount, the plan says the law does not say rather than filling the gap. Law firm summaries and news reports are never used as sources.
Does the plan include every AI law in a state?
Not yet. It includes the enacted laws we have mapped duty by duty. When you choose a state, its other enacted AI laws are listed separately with links, so nothing is left out of view. New laws are added as they are read. When a law is repealed or replaced on a set date, its duties show that end date and leave the plan once it passes.
How do I know which duties apply to my company?
Start with the 'who it covers' entry for each law: many apply only above a size or revenue threshold, only to developers or only to deployers, or only in one industry. The plan quotes those conditions from the text. Whether your company meets them depends on facts only you and your counsel know.
Is this legal advice?
No. It is information drawn from official legal texts, organized so you can see what each law requires. Use it to brief your team and your lawyers, not in place of them.
What does Pro add?
The same plan as a CSV file for spreadsheets and audit files, and as a calendar file (.ics) with every dated duty as an event that links back to the law. Both are built from the states and uses you pick. The plan on this page, and printing it, are open to everyone.