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SD SB41: An Act to revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an …

Enacted South Dakota · 2026 session

Last verified Oct 12, 2026 · official bill text

SB41 · where it stands

4 of 5 steps complete
  1. Introduced Complete
  2. Passed first chamber Complete
  3. Passed both chambers Complete
  4. Enacted Complete
  5. Effective Date not recorded
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

An Act to 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.

In one paragraph

South Dakota's 2026 SB 41 amends the invasion-of-privacy law (SDCL 22-21-4) to cover deepfake intimate images. Knowingly and intentionally creating, disclosing, distributing or selling, without the person's consent and with intent to gratify, harass or cause harm, digitally fabricated material showing an identifiable person nude or engaged in sexual conduct is a Class 5 felony. Digitally fabricated material is a visual depiction that appears authentic but is adapted, generated or modified to falsely depict a person's appearance, conduct or voice.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Creating, not just sharing, a fabricated intimate image of an identifiable person without consent is a felony in South Dakota; AI image services should block such outputs.

Key provisions

  1. SDCL 22-21-4(3): creating, disclosing, distributing or selling digitally fabricated material depicting an identifiable person nude or in sexual conduct, without consent, is prohibited
  2. The depiction must be one an ordinary person would conclude shows the identifiable individual
  3. A violation of subdivision (3) is a Class 5 felony
  4. New section: digitally fabricated material appears authentic and is adapted, generated or modified to falsely depict a person's appearance, conduct or voice
  5. Identifiable: recognizable by face, likeness or other distinguishing characteristics

Latest legislative action

Mar 16, 2026. Signed by the Governor on Monday, March 16, 2026

Topics and industries

Related topics

AI Intimate Images

Affected industries

TechnologyMedia

This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error

Related AI laws in South Dakota

All South Dakota bills →
SB 164 An Act to prohibit the use of a deepfake to influence an election and to provide HB1095 An Act to establish provisions for the operation of automated motor vehicles. SB79 An Act to revise provisions related to the possession, distribution, and manufac SB169 Place requirements on the use of artificial intelligence systems by health carri

Same topic in other states

Tennessee SB1346 AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, rel Wyoming HB85 Unlawful dissemination of an intimate image. Oklahoma HB1364 Crimes and punishments; sexual obscenity; making certain acts unlawful; effectiv New Hampshire HB1319 Relative to prohibiting the nonconsensual dissemination of synthetic sexual imag Connecticut HB7287 An Act Concerning the State Budget for the Biennium Ending June 30, 2027, and Ma Montana HB514 Criminalize use of real and digitally fabricated sexually explicit images