{
  "batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
  "articles": [
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_crim",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-4: Criminal offence: non-consensual intimate images",
      "summary": "[Unverified - being checked] Disclosing or selling a nude or sexual-act photo or recording made without consent, with intent to harass or harm, is a Class 1 misdemeanor; a subsequent violation is a Class 6 felony.",
      "body": "Disclosing or selling a nude or sexual-act photo or recording made without consent, with intent to harass or harm, is a Class 1 misdemeanor; a subsequent violation is a Class 6 felony.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“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.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "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.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-4",
      "topic": "Criminal offence: non-consensual intimate images",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_synth",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-4: Synthetic (deepfake) sexual images",
      "summary": "[Unverified - being checked] Creating, distributing or selling digitally fabricated material depicting an identifiable person nude or in sexual conduct is a Class 5 felony.",
      "body": "Creating, distributing or selling digitally fabricated material depicting an identifiable person nude or in sexual conduct is a Class 5 felony.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“(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 ,”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "(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 ,",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-4",
      "topic": "Synthetic (deepfake) sexual images",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_synth_pen",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-4: Penalty for deepfakes",
      "summary": "[Unverified - being checked] A violation of subdivision (3) (digitally fabricated material) is a Class 5 felony.",
      "body": "A violation of subdivision (3) (digitally fabricated material) is a Class 5 felony.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“A violation of subdivision (3) is a Class 5 felony.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "A violation of subdivision (3) is a Class 5 felony.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-4",
      "topic": "Penalty for deepfakes",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_synth_src",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-4: Effective amendment",
      "summary": "[Unverified - being checked] The deepfake subdivision and definitions were added by Session Laws 2026, chapter 104.",
      "body": "The deepfake subdivision and definitions were added by Session Laws 2026, chapter 104.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“SL 2022, ch 63 , § 1; SL 2026, ch 104 , § 1.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "SL 2022, ch 63 , § 1; SL 2026, ch 104 , § 1.",
      "volatility": "medium",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-4",
      "topic": "Effective amendment",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_synth_def",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-4.1: Definitions for deepfakes",
      "summary": "[Unverified - being checked] 'Digitally fabricated material' must appear to an ordinary person to be an authentic depiction of an identifiable individual and be adapted, generated or modified to falsely depict appearance, conduct or voice.",
      "body": "'Digitally fabricated material' must appear to an ordinary person to be an authentic depiction of an identifiable individual and be adapted, generated or modified to falsely depict appearance, conduct or voice.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“(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”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.1.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "(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",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-4.1",
      "topic": "Definitions for deepfakes",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_prov",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-21-5: Service providers not liable",
      "summary": "[Unverified - being checked] The section does not impose liability on providers of interactive computer services and similar services.",
      "body": "The section does not impose liability on providers of interactive computer services and similar services.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“Nothing in § 22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as those terms are defined under federal law.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/Statute/22-21-5",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "Nothing in § 22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as those terms are defined under federal law.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-21-5",
      "topic": "Service providers not liable",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_ai_csam",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-24A-2: AI-generated child sexual imagery",
      "summary": "[Unverified - being checked] 'Computer-generated child pornography' includes depictions of an individual indistinguishable from an actual minor created by artificial intelligence; possessing, distributing or manufacturing it is a felony (22-24A-35 to 37).",
      "body": "'Computer-generated child pornography' includes depictions of an individual indistinguishable from an actual minor created by artificial intelligence; possessing, distributing or manufacturing it is a felony (22-24A-35 to 37).\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“(c) An individual indistinguishable from an actual minor created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs to create a visual depiction;”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-24A-2.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "(c) An individual indistinguishable from an actual minor created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs to create a visual depiction;",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-24A-2",
      "topic": "AI-generated child sexual imagery",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_ai_manuf",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 22-24A-37: Manufacturing computer-generated child pornography",
      "summary": "[Unverified - being checked] Creating or knowingly permitting creation of any computer-generated child pornography is a Class 2 felony with a mandatory minimum prison term.",
      "body": "Creating or knowingly permitting creation of any computer-generated child pornography is a Class 2 felony with a mandatory minimum prison term.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of: (1) Any visual depiction of a minor engaged in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this section is a Class 2 felony.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-24A-37.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of: (1) Any visual depiction of a minor engaged in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this section is a Class 2 felony.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 22-24A-37",
      "topic": "Manufacturing computer-generated child pornography",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_lim1",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 23A-42-2: Limitation period for misdemeanors and lower felonies",
      "summary": "[Unverified - being checked] Prosecutions other than Class A, B or C felonies must be commenced within seven years after the offence.",
      "body": "Prosecutions other than Class A, B or C felonies must be commenced within seven years after the offence.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“the proceedings shall be commenced within seven years after the commission of the offense or crime”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/23A-42-2.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "the proceedings shall be commenced within seven years after the commission of the offense or crime",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 23A-42-2",
      "topic": "Limitation period for misdemeanors and lower felonies",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_lim2",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL 23A-42-1: No limitation for Class A, B and C felonies",
      "summary": "[Unverified - being checked] There is no limitation period for prosecuting a Class A, B or C felony.",
      "body": "There is no limitation period for prosecuting a Class A, B or C felony.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.”\n\nNote: Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/Statute/23A-42-1",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL 23A-42-1",
      "topic": "No limitation for Class A, B and C felonies",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_7916_south_dakota_revenge_porn_and_deepfake_laws_civil",
      "category": "Safety",
      "title": "[Unverified - being checked] SDCL ch. 22-21: Civil cause of action for deepfakes / intimate images",
      "summary": "[Unverified - being checked] The Invasions of Privacy chapter contains no civil damages remedy or court-ordered takedown procedure for non-consensual intimate or fabricated images.",
      "body": "The Invasions of Privacy chapter contains no civil damages remedy or court-ordered takedown procedure for non-consensual intimate or fabricated images.\n\nWhat South Dakota Legislature (South Dakota Codified Laws) actually says:\n\n“22-21-4.1 Prohibited recording or manipulated image--Definitions. 22-21-5 Service providers not liable.”\n\nNote: ABSENCE RECORD (inferred from an index/listing or page that does not mention it, not from operative text). Read the full index of chapter 22-21. Not searched across the entire Codified Laws; common-law claims are not covered. Region tag us-al applied per batch-level instruction; statute itself is South Dakota Codified Law.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/Statute/22-21",
      "last_verified": "2026-10-19",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature (South Dakota Codified Laws)",
      "evidence_quote": "22-21-4.1 Prohibited recording or manipulated image--Definitions. 22-21-5 Service providers not liable.",
      "volatility": "medium",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "SDCL ch. 22-21",
      "topic": "Civil cause of action for deepfakes / intimate images",
      "applies_to_country": "US",
      "applies_to_scope": "SD",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-al"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_sd_22_21_4",
      "category": "Safety",
      "title": "[Unverified - being checked] South Dakota: criminal statute for disclosure of private sexual images",
      "summary": "[Unverified - being checked] South Dakota criminal statute 22-21-4 prohibits non-consensual recording, disclosure, and use of intimate images, including digitally fabricated material depicting identifiable individuals, with penalties ranging from Class 1 misdemeanors to Class 5 felonies depending on the circumstances and victim age.",
      "body": "South Dakota criminal statute 22-21-4 prohibits non-consensual recording, disclosure, and use of intimate images, including digitally fabricated material depicting identifiable individuals, with penalties ranging from Class 1 misdemeanors to Class 5 felonies depending on the circumstances and victim age.\n\nWhat South Dakota Legislature actually says:\n\n“22-21-4. Prohibited recording or manipulated image--Penalty.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 intercourse, deviant sexual activity, or sexually explicit conduct.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.”\n\nNote: Comprehensive criminal statute covering both traditional intimate image violations and digitally fabricated material (AI-generated/deepfakes), with tiered penalties based on offense type and victim age.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature",
      "evidence_quote": "22-21-4. Prohibited recording or manipulated image--Penalty.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 intercourse, deviant sexual activity, or sexually explicit conduct.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.",
      "volatility": "high",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "South Dakota",
      "topic": "criminal statute for disclosure of private sexual images",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-sd"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "rules.content"
        ],
        "explicitness": "explicit_partnered"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-sd"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_sd_22_21_4_1",
      "category": "Safety",
      "title": "[Unverified - being checked] South Dakota: definitions for digitally fabricated material",
      "summary": "[Unverified - being checked] South Dakota statute 22-21-4.1 defines 'Digitally fabricated material' as any image, photograph, video, or other visual depiction that appears authentic to an ordinary person and is adapted, generated, or modified to falsely depict an individual's appearance, conduct, or voice, covering AI-generated content for prosecution under the criminal statute.",
      "body": "South Dakota statute 22-21-4.1 defines 'Digitally fabricated material' as any image, photograph, video, or other visual depiction that appears authentic to an ordinary person and is adapted, generated, or modified to falsely depict an individual's appearance, conduct, or voice, covering AI-generated content for prosecution under the criminal statute.\n\nWhat South Dakota Legislature actually says:\n\n“22-21-4.1. Prohibited recording or manipulated image--Definitions.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.”\n\nNote: Explicit inclusion of AI-generated and computer-modified imagery within the criminal statute's scope, with clear definitions for enforcement.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-21-4.1.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature",
      "evidence_quote": "22-21-4.1. Prohibited recording or manipulated image--Definitions.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.",
      "volatility": "high",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "South Dakota",
      "topic": "definitions for digitally fabricated material",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-sd"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-sd"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_sd_23a_42_1",
      "category": "Safety",
      "title": "[Unverified - being checked] South Dakota: statute of limitations for serious felonies",
      "summary": "[Unverified - being checked] South Dakota statute 23A-42-1 states there is no limitation on the time within which a prosecution for Class A, Class B, or Class C felonies must be commenced, which includes the Class 5 felony for digitally fabricated intimate images under 22-21-4.",
      "body": "South Dakota statute 23A-42-1 states there is no limitation on the time within which a prosecution for Class A, Class B, or Class C felonies must be commenced, which includes the Class 5 felony for digitally fabricated intimate images under 22-21-4.\n\nWhat South Dakota Legislature actually says:\n\n“23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies.There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.”\n\nNote: Class 5 felony for digitally fabricated intimate images has no statute of limitations, ensuring prosecutors can bring charges regardless of when the offense occurred.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/Statute/23A-42-1",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature",
      "evidence_quote": "23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies.There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.",
      "volatility": "low",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "South Dakota",
      "topic": "statute of limitations for serious felonies",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-sd"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-sd"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r7916_south_dakota_revenge_porn_and_deepfake_laws_sd_22_24a_2",
      "category": "Safety",
      "title": "[Unverified - being checked] South Dakota: definition of nudity for prosecution",
      "summary": "[Unverified - being checked] South Dakota statute 22-24A-2 defines 'Nudity' for prosecution purposes as the showing or simulated showing of human genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering below the top of the nipple.",
      "body": "South Dakota statute 22-24A-2 defines 'Nudity' for prosecution purposes as the showing or simulated showing of human genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering below the top of the nipple.\n\nWhat South Dakota Legislature actually says:\n\n“22-24A-2. Definitions.Terms used in §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, mean:(1)    \"Adult,\" any person eighteen years of age or older;(2)    \"Child pornography,\" any image or visual depiction of a minor engaged in prohibited sexual acts;(3)    \"Child\" or \"minor,\" any person under the age of eighteen years;(3A)    \"Child-like sex doll,\" any obscene anatomical doll, obscene anatomical mannequin, or obscene anatomical robot that is intentionally designed to resemble a prepubescent child and either to entice sexual excitement or to engage in prohibited sexual acts;(4)    \"Computer,\" any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, including wireless communication devices such as cellular phones. The term also includes any on-line service, internet service, or internet bulletin board;(5)    \"Computer-generated child pornography,\" any visual depiction of:(a)    An actual minor that has been created, adapted, or modified to depict that minor engaged in a prohibited sexual act;(b)    An actual adult that has been created, adapted, or modified to depict that adult as a minor engaged in a prohibited sexual act; or(c)    An individual indistinguishable from an actual minor created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs to create a visual depiction;(6)    \"Digital media,\" any electronic storage device, including a floppy disk or other magnetic storage device or any compact disc that has memory and the capacity to store audio, video, or written materials;(7)    \"Harmful to minors,\" any reproduction, imitation, characterization, description, visual depiction, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement if it:(a)    Predominantly appeals to the prurient, shameful, or morbid interest of minors;(b)    Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and(c)    Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.This term does not include a mother's breast-feeding of her baby;(8)    \"Indistinguishable,\" when used with respect to a visual depiction, means virtually indistinguishable, in that the visual depiction is such that an ordinary person viewing the visual depiction would conclude that the visual depiction is of an actual minor engaged in a prohibited sexual act;(9)    \"Masochism,\" sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death;(10)    \"Nudity,\" the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother's breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding;(11)    \"Obscene,\" the status of material which:(a)    The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;(b)    Depicts or describes, in a patently offensive way, prohibited sexual acts; and(c)    Taken as a whole, lacks serious literary, artistic, political, or scientific value.This term does not include a mother's breast-feeding of her baby;(12)    \"Person,\" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations;(13)    \"Sadism,\" sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death;(14)    \"Sadomasochistic abuse,\" flagellation or torture by or upon a minor, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself;(15)    \"Sexual battery,\" oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. This term does not include an act done for a bona fide medical purpose;(16)    \"Sexual bestiality,\" any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other;(17)    \"Prohibited sexual act,\" actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision. The term does not include a mother's breast-feeding of her baby;(18)    \"Sexual excitement,\" the condition of the human male or female genitals if in a state of sexual stimulation or arousal;(19)    \"Sexually oriented material,\" any book, article, magazine, publication, visual depiction or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered;(20)    \"Simulated,\" the explicit depiction of conduct described in subdivision (16) of this section that creates the appearance of such conduct and that exhibits any uncovered portion of the breasts, genitals, or anus;(21)    \"Visual depiction,\" any developed and undeveloped film, photograph, slide and videotape, and any photocopy, drawing, printed or written material, and any data stored on computer disk, digital media, or by electronic means that are capable of conversion into a visual image.”\n\nNote: Comprehensive definitions statute including 'Nudity' definition used in 22-21-4 prosecution and references to 'Computer-generated child pornography' and 'Indistinguishable' visual depictions, showing coverage of AI-generated content.",
      "source_type": "official",
      "source_link": "https://sdlegislature.gov/api/Statutes/22-24A-2.html",
      "last_verified": "2026-10-19",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "South Dakota Legislature",
      "evidence_quote": "22-24A-2. Definitions.Terms used in §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, mean:(1)    \"Adult,\" any person eighteen years of age or older;(2)    \"Child pornography,\" any image or visual depiction of a minor engaged in prohibited sexual acts;(3)    \"Child\" or \"minor,\" any person under the age of eighteen years;(3A)    \"Child-like sex doll,\" any obscene anatomical doll, obscene anatomical mannequin, or obscene anatomical robot that is intentionally designed to resemble a prepubescent child and either to entice sexual excitement or to engage in prohibited sexual acts;(4)    \"Computer,\" any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, including wireless communication devices such as cellular phones. The term also includes any on-line service, internet service, or internet bulletin board;(5)    \"Computer-generated child pornography,\" any visual depiction of:(a)    An actual minor that has been created, adapted, or modified to depict that minor engaged in a prohibited sexual act;(b)    An actual adult that has been created, adapted, or modified to depict that adult as a minor engaged in a prohibited sexual act; or(c)    An individual indistinguishable from an actual minor created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs to create a visual depiction;(6)    \"Digital media,\" any electronic storage device, including a floppy disk or other magnetic storage device or any compact disc that has memory and the capacity to store audio, video, or written materials;(7)    \"Harmful to minors,\" any reproduction, imitation, characterization, description, visual depiction, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement if it:(a)    Predominantly appeals to the prurient, shameful, or morbid interest of minors;(b)    Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and(c)    Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.This term does not include a mother's breast-feeding of her baby;(8)    \"Indistinguishable,\" when used with respect to a visual depiction, means virtually indistinguishable, in that the visual depiction is such that an ordinary person viewing the visual depiction would conclude that the visual depiction is of an actual minor engaged in a prohibited sexual act;(9)    \"Masochism,\" sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death;(10)    \"Nudity,\" the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother's breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding;(11)    \"Obscene,\" the status of material which:(a)    The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;(b)    Depicts or describes, in a patently offensive way, prohibited sexual acts; and(c)    Taken as a whole, lacks serious literary, artistic, political, or scientific value.This term does not include a mother's breast-feeding of her baby;(12)    \"Person,\" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations;(13)    \"Sadism,\" sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death;(14)    \"Sadomasochistic abuse,\" flagellation or torture by or upon a minor, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself;(15)    \"Sexual battery,\" oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. This term does not include an act done for a bona fide medical purpose;(16)    \"Sexual bestiality,\" any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other;(17)    \"Prohibited sexual act,\" actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision. The term does not include a mother's breast-feeding of her baby;(18)    \"Sexual excitement,\" the condition of the human male or female genitals if in a state of sexual stimulation or arousal;(19)    \"Sexually oriented material,\" any book, article, magazine, publication, visual depiction or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered;(20)    \"Simulated,\" the explicit depiction of conduct described in subdivision (16) of this section that creates the appearance of such conduct and that exhibits any uncovered portion of the breasts, genitals, or anus;(21)    \"Visual depiction,\" any developed and undeveloped film, photograph, slide and videotape, and any photocopy, drawing, printed or written material, and any data stored on computer disk, digital media, or by electronic means that are capable of conversion into a visual image.",
      "volatility": "medium",
      "from_batch": "7916-south-dakota-revenge-porn-and-deepfake-laws",
      "subject": "South Dakota",
      "topic": "definition of nudity for prosecution",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-sd"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap",
          "deferred_state_uncorroborated:us-sd"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}