This bill amends South Dakota's existing law on criminal invasions of privacy by introducing new provisions that specifically address the creation and distribution of digitally fabricated material depicting identifiable individuals. The amended law prohibits individuals from photographing or recording others without consent in a manner that invades their privacy or causes harm, and it establishes penalties for violations. Notably, the bill introduces a new definition for "digitally fabricated material," which refers to any image or video that falsely represents an individual's appearance or conduct, and clarifies what constitutes an "identifiable" individual.

Under the revised law, violations of the existing provisions regarding unauthorized recordings can result in varying degrees of misdemeanor or felony charges, depending on the circumstances, such as the age of the victim and the age of the perpetrator. Specifically, a violation involving a minor can escalate to a Class 6 felony if the perpetrator is over 21 years old. Additionally, the creation and distribution of digitally fabricated material is classified as a Class 5 felony, emphasizing the seriousness of such offenses in protecting individuals' privacy rights.

Statutes affected:
Introduced, 01/06/2026: 22-21-4
House Engrossed, 03/04/2026: 22-21-4
Enrolled, 03/09/2026: 22-21-4