This bill aims to prohibit the use of deepfakes to influence elections in South Dakota, establishing penalties for violations. It defines "artificial intelligence" and "deepfake," and makes it a Class 1 misdemeanor for any person to disseminate a deepfake with the intent to harm a candidate within ninety days of an election, provided they know or should know that the content is a deepfake. The bill also outlines specific exemptions, including deepfakes that are satire or parody, those broadcasted as part of bona fide news coverage with appropriate disclosures, and content disseminated by internet service providers acting in a technical capacity.

Additionally, the bill allows for injunctive relief to be sought by the attorney general, affected candidates, or individuals depicted in the deepfake. It establishes liability for damages and attorney fees for those who violate the prohibition, while also providing an affirmative defense if the deepfake includes a clear disclosure that it has been manipulated or generated by artificial intelligence. The disclosure requirements are specified for both visual and audio formats to ensure clarity for viewers and listeners.