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.

26.454.11 101st Legislative Session 41

2026 South Dakota Legislature
Senate Bill 41
ENROLLED

AN ACT

ENTITLED 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-21-4 be AMENDED:
22-21-4. No individual, without the consent or knowledge of the individual
depicted or recorded, and with the intent to self -gratify or alarm, annoy, embarrass,
harass, invade the privacy of, threaten, or cause emotional, financial, physical,
psychological, or reputational harm to that individual, may:
(1) Intentionally use any device to photograph or visually record the individual without
clothing or under or through the clothing, or with a third individual depicted in a
sexual act, for the purpose of viewing the body of, or the undergarments worn by,
the individual;
(2) Intentionally disclose, disseminate, distribute, sell, or use, by any means, any
recording or photograph described in subdivision (1); or
(3) Knowingly and intentionally create, disclose, disseminate, distribute, or sell, by any
means, digitally fabricated material depicting the identifiable individual:
(a) In a state of nudity, as defined in § 22-24A-2, such that an ordinary person
viewing the material would conclude that the depiction is of the identifiable
individual in such a state of nudity; or
(b) Engaging in sexual contact, sexual intercourse, deviant sexual activity, or
sexually explicit conduct such that an ordinary person viewing the material
would conclude that the depiction is of the identifiable individual engaging
in sexual contact, sexual i ntercourse, deviant sexual activity, or sexually
explicit conduct.
26.454.11 2 41
SB41 ENROLLED
A violation of subdivision (1) or (2) is a Class 1 misdemeanor, unless the victim is
seventeen years of age or younger and the perpetrator is at least twenty-one years of age
at the time the photograph or recording is made, in which case the violation is a Class 6
felony. Any subsequent violation of subdivision (1) or (2) is a Class 6 felony. A violation
of subdivision (3) is a Class 5 felony.
Section 2. That a NEW SECTION be added to chapter 22-21:
Terms used in § 22-21-4 mean:
(1) "Digitally fabricated material," an image, photograph, video, or other visual
depiction that:
(a) Appears to an ordinary person to be an authentic depiction of an identifiable
individual; and
(b) Is adapted, generated, or modified to falsely depict an individual's
appearance, conduct, or voice; and
(2) "Identifiable," recognizable as a specific individual by the individual's face, likeness,
or other distinguishing characteristics.
26.454.11 3 41
SB41 ENROLLED
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.

I certify that the attached Act originated in
the:

Senate as Bill No. 41

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 41
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State