In one paragraph
South Dakota's 2024 SB 79 covers AI-generated child sexual abuse material. It defines "computer-generated child pornography" to include an altered image of a real minor or adult and an individual indistinguishable from an actual minor created with artificial intelligence or other computer technology. Possessing it is a Class 4 felony (one-year mandatory minimum), distributing it a Class 3 felony (five years) and manufacturing it a Class 2 felony (ten years), with longer minimums for repeat offenses and a court departure for mitigating circumstances. The act states no effective date.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Producing or distributing AI-generated sexual images of minors in South Dakota carries felony penalties with mandatory minimums; AI image services should block such content.
Key provisions
- SDCL 22-24A-2: computer-generated child pornography includes an individual indistinguishable from an actual minor created by AI or other computer technology
- Possession: Class 4 felony, mandatory minimum one year (five years for a repeat offense)
- Distribution: Class 3 felony, mandatory minimum five years (ten for a repeat)
- Manufacturing: Class 2 felony, mandatory minimum ten years (twenty for a repeat)
- Courts may depart from the mandatory minimums on written findings of mitigating circumstances
Latest legislative action
Feb 12, 2024. Signed by the Governor
Topics and industries
Affected industries
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