SB 41 — revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

26.454.1026.454.11 101st Legislative Session 41 South Dakota Legislature Senate Bill 41 HOUSEENROLLED ENGROSSEDA IntroducedN by:A CT ENTITLED An Act to revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

TheB ChairE ofIT theENACTED CommitteeBY onTHE JudiciaryLEGISLATURE atOF theTHE requestSTATE ofOF theS AttorneyOUTH GeneralD AnAKOTA Act: to revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :

No person may 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) Use Intentionally use any device to photograph or visually record: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;

(a)(2) AnyIntentionally otherdisclose, persondisseminate, thedistribute, individualsell, without clothing or underuse, orby throughany themeans, clothing,any recording or withphotograph anotherdescribed person a third individual depicted in asubdivision sexual(1); act, for the purpose of viewing the body of, or the undergarments worn by, that other person;

(b) Without the consent or knowledge of that other person;

and (c) With the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy the individual;

(2) Use, disclose, or Intentionally disclose, disseminate, distribute, sell, or use, by any means, any recording or photograph in violation of described in subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person;

or (3) Knowingly and intentionally disseminate or sell any image or recording of another person:

(a) That has been intentionally manipulated to create a realistic but false image or recording that would cause a reasonable person to mistakenly believe that the image or recording is authentic;

Overstrikes indicate deleted language.

26.454.10 2 41 (b) That depicts the person as totally nude;

in a state of undress to expose the genitals, pubic area, buttocks, or female breast;

or with another person in a sexual act;

(c) Without the consent or knowledge of the person whose image is depicted;

and (d) With the intent to self-gratify, to harass, or embarrass and invade the privacy of the person whose image is depicted;

26.454.11 2 41 A violation of this section subdivision (1) or (2) is a Class 1 misdemeanor.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.

However, a violation of this section is a Class 6 felony if, 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.

OverstrikesSB41 indicateENROLLED deleted26.454.11 language.3 41 An Act to revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

41 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

41 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB41 ENROLLED