This bill amends South Dakota's existing law on criminal invasions of privacy by introducing stricter regulations against the creation and distribution of digitally fabricated material depicting identifiable individuals. The revised language specifies that individuals are prohibited from intentionally using devices to photograph or record others without their consent, particularly in situations where the individual has a reasonable expectation of privacy. Additionally, the bill expands the definition of prohibited actions to include the creation, disclosure, dissemination, distribution, or sale of digitally fabricated material that falsely depicts an identifiable individual in a state of nudity or engaging in sexual conduct.

The bill establishes penalties for violations, categorizing them based on the nature of the offense. A violation of the amended provisions regarding unauthorized recording or distribution is classified as a Class 1 misdemeanor, escalating to a Class 6 felony if the victim is a minor and the perpetrator is an adult. Furthermore, any subsequent violations of these provisions are also classified as Class 6 felonies, while violations related to digitally fabricated material are classified as Class 5 felonies. The bill also introduces definitions for "digitally fabricated material" and "identifiable," clarifying the scope of the law and enhancing protections against privacy invasions.

Statutes affected:
Introduced, 01/06/2026: 22-21-4