South DakotaSouth Dakota law bars hidden recordings and realistic fake sexual images
South Dakota law bars certain private recordings and realistic fabricated sexual images, with felony penalties for specified violations.
What it does
A person may not intentionally make certain private images or recordings, or share them. The depicted person must not have consented to or known about the conduct, and the person acting must have a stated intent such as harassment, self-gratification, or causing harm.
A person may not knowingly and intentionally make or share certain realistic fabricated images showing someone nude or engaged in sexual conduct. The depicted person must not have consented to or known about it, and the person acting must have a stated intent such as harassment or causing harm.
Argument forPeople depicted in private recordings or realistic fabricated sexual images could have protection when someone acts without their consent or knowledge and with a harmful or self-gratifying intent.
Argument againstA person could face a felony for knowingly making or sharing a realistic fabricated sexual image when the consent and intent conditions apply.
More detail
A person may not intentionally make certain private recordings or share them. The rules cover images or recordings of a person without clothing, under or through clothing, or shown with another person in a sexual act, when made to view the person's body or undergarments. The depicted person must not have consented to or known about the conduct. The person acting must intend to gratify themselves or to alarm, annoy, embarrass, harass, invade privacy, threaten, or cause harm.
A person may not knowingly and intentionally make or share certain realistic fabricated sexual images of an identifiable person. The image must appear authentic to an ordinary viewer and falsely depict a recognizable person nude or engaged in specified sexual conduct. The depicted person must not have consented to or known about the conduct. The person acting must intend to gratify themselves or to alarm, annoy, embarrass, harass, invade privacy, threaten, or cause harm. The offense is a Class 5 felony.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 S.J. 548Became Law
- Mar 11Delivered to the Governor on 2026-03-11 S.J. 520To Governor
- Mar 10Signed by the Speaker H.J. 553Major
- Mar 9Signed by the President S.J. 505Passed House
- Mar 5Senate Concurred in amendments , Passed, YEAS 34, NAYS 0 S.J. 478
- Vote recorded Concurred in amendments. Result: pass.Upper
- Mar 3House of Representatives Do Pass Amended , Passed, YEAS 60, NAYS 6 H.J. 491
- Vote recorded Do Pass Amended. Result: pass.Lower
- Mar 3House of Representatives Motion to amend , Passed, H.J. 490 Amendment 41AMajor
- Mar 2Judiciary Do Pass , Passed, YEAS 8, NAYS 3 H.J. 31Minor
- Vote recorded Do Pass. Result: pass.Lower
- Mar 2Scheduled for hearing
- Jan 20First read in House and referred to House Judiciary H.J. 53Minor
- Jan 16Senate Do Pass , Passed, YEAS 32, NAYS 0 S.J. 61Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Jan 15Judiciary Do Pass , Passed, YEAS 6, NAYS 0 S.J. 1Minor
- Vote recorded Do Pass. Result: pass.Upper
- Jan 15Scheduled for hearing
- Jan 13First read in Senate and referred to Senate Judiciary S.J. 13Introduced
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