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Bill

SB 164

prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

2025 Regular Session Introduced by Eric Emery and 8 co-sponsors

South Dakota criminalizes creating or distributing deepfakes intended to influence elections, establishing penalties to combat AI-manipulated election interference.

Signed by the Governor on 2025-03-31 S.J. 539
#artificialintelligence #crimes #elections #penalty
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Bill Summary · SB 164

Legislative bill overview

SB 164 makes it illegal to create, distribute, or use deepfake media—synthetic audio or video—with the intent to influence an election in South Dakota. The bill establishes criminal penalties for violations of this prohibition, making it one of the state's first direct restrictions on AI-manipulated election content.

Why is this important

Deepfakes pose a genuine threat to election integrity by potentially deceiving voters through convincing false depictions of candidates, their statements, or their actions. As AI technology becomes more sophisticated and accessible, this legislation addresses a gap in existing election law that may not adequately cover synthetic media. The bill's passage signals growing state-level concern about AI-enabled election interference, though enforcement and definition questions remain.

Potential points of contention

  • Free speech concerns: The law restricts speech based on intent to influence elections; critics may argue this could chill legitimate political satire, parody, or commentary that uses synthetic media
  • Definitional ambiguity: The bill's precise definitions of "deepfake" and what constitutes intent to influence an election may create enforcement challenges and uncertainty about which content is actually prohibited
  • Evidentiary burden: Proving that someone created or distributed synthetic media specifically to influence an election (rather than for other purposes) could be difficult for prosecutors

Compiled from official sources — confirm details with the bill’s official record.

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