Law / United States / South Dakota
Nonconsensual Digitally Fabricated Intimate Image Law (SB 41, 2026)
SDCL §§ 22-21-4(3), 22-21-4.1 (S.L. 2026, ch. 104)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force.
An AI prohibited practices rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not knowingly and intentionally create, disclose, disseminate, distribute, or sell digitally fabricated material, content adapted, generated, or modified to falsely depict a real, identifiable individual's appearance, conduct, or voice, showing that individual in a state of nudity or engaged in sexual conduct, without that individual's consent, if done with an intent to self-gratify, alarm, annoy, embarrass, harass, invade their privacy, threaten, or cause them emotional, financial, physical, psychological, or reputational harm.
- An electronic communication, information, mobile, telecommunication, interactive computer, or cable service provider, as those terms are defined under federal law, is not itself liable under this section for content it merely carries.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A violation of SDCL § 22-21-4(3) is a Class 5 felony (up to five years in a state correctional facility and a $10,000 fine, under SDCL § 22-6-1).
Penalty structure
Ceiling for the Class 5 felony; the section also authorizes up to five years' imprisonment.
- Rule
- Fixed only
- As of
- 6 September 2026
- Currency
- USD
- Fixed cap
- 10,000
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
SB 41 was introduced at the request of the Attorney General and signed by the Governor on March 16, 2026.
SDCL § 22-21-4(3) makes it a Class 5 felony for an individual, without the consent or knowledge of the person depicted and with intent to self-gratify, alarm, annoy, embarrass, harass, invade privacy, threaten, or cause emotional, financial, physical, psychological, or reputational harm, to knowingly and intentionally create, disclose, disseminate, distribute, or sell digitally fabricated material depicting an identifiable individual in a state of nudity or engaged in sexual conduct.
Section 22-21-4.1 defines digitally fabricated material as an image, photograph, video, or other visual depiction that appears to an ordinary person to be an authentic depiction of an identifiable individual and is adapted, generated, or modified to falsely depict that individual's appearance, conduct, or voice; "identifiable" means recognizable by face, likeness, or another distinguishing characteristic.
Section 22-21-5 shields an electronic communication, information, mobile, telecommunication, interactive computer, or cable service provider, as those terms are defined under federal law, from liability under this section.
When LexLint raises it
generates_content
Read the law
official codified text, South Dakota Legislature (sdlegislature.gov)