State AI law
South Dakota
AI laws
We track 5 artificial-intelligence bills and regulations in South Dakota. 4 have been signed or enacted.
Last updated Oct 12, 2026 · How we collect and check bills
Where South Dakota’s bills stand
5 bills- Introduced
- 0
- In committee
- 0
- Passed a chamber
- 0
- Signed or enacted
- 4
- Dead or vetoed
- 1
Overview
How South Dakota regulates AI
South Dakota has 5 published AI-related bills in our register, 4 of them signed or enacted. Every bill below links to its own page with the status, dates and a plain-English summary.
Industries these bills touch
South Dakota AI law guides
Deepfake Laws in South Dakota
South Dakota has enacted deepfake legislation. See how it compares with other states, including penalties, scope and enforcement.
South Dakota AI bills
RSS feed for South DakotaAn Act to revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated materi…
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.
Place requirements on the use of artificial intelligence systems by health carriers in making determinations about the provision of health c…
South Dakota's SB 169 (2026) would have required health carriers that use AI, algorithms or other software for utilization review to base determinations on the patient's clinical history and circumstances, not rely solely on a group dataset, and apply the tool consistently. AI tools could not deny, delay or modify a determination; only a licensed physician or qualified licensed health professional could make adverse determinations. Introduced January 29, 2026 and withdrawn by the prime sponsor February 17, 2026; it did not pass.
An Act to prohibit the use of a deepfake to influence an election and to provide a penalty therefor.
South Dakota's 2025 SB 164 targets election deepfakes. A deepfake is an image, audio or video created or manipulated with AI or other digital technology so realistic that a reasonable person would believe it shows a real person's speech or conduct that did not happen. Disseminating one, or contracting to, with intent to injure a candidate within 90 days of an election, without the disclosure "This (image/video/audio) has been manipulated or generated by artificial intelligence," is a Class 1 misdemeanor. The AG, candidates and depicted people can sue. The act states no effective date.
An Act to revise provisions related to the possession, distribution, and manufacture of child pornography.
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.
An Act to establish provisions for the operation of automated motor vehicles.
South Dakota's 2024 HB 1095 creates a framework for automated motor vehicles. A fully autonomous vehicle (SAE J3016 level 4 or 5) may operate on public roads without a human driver if its automated driving system is engaged, it can reach a minimal risk condition when the system fails or leaves its operational design domain, and it can comply with traffic and safety laws. While engaged, the automated driving system is the driver. The act also covers on-demand autonomous vehicle networks, crash duties, insurance and registration. The act states no effective date.
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