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Bill

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.

2026 Regular Session

South Dakota criminalizes creation and distribution of non-consensual digitally fabricated intimate imagery of identifiable individuals with penalties for offense.

Signed by the Governor on 2026-03-30
#crimes #executive/judiciaryrequest #penalty
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Bill Summary · SB 41

Legislative bill overview

SB 41 updates South Dakota's criminal invasion of privacy laws and creates new prohibitions against creating and distributing non-consensual sexually explicit deepfakes or other digitally fabricated material depicting identifiable individuals. The bill establishes criminal penalties for these offenses and has passed both chambers with amendments before being sent to the Governor.

Why is this important

Deepfake technology has made it increasingly easy to create convincing fake sexual imagery of real people without consent, causing documented psychological harm to victims and creating new vectors for harassment, extortion, and defamation. This legislation addresses a gap in existing law by specifically criminalizing this conduct, which existing obscenity or privacy laws may not adequately cover. The bill reflects growing nationwide concern about non-consensual intimate imagery in the digital age.

Potential points of contention

  • First Amendment concerns: Critics may argue that broad prohibitions on "digitally fabricated material" could restrict protected speech or satire if definitions are too expansive; the specific scope of what constitutes prohibited material will matter significantly.
  • Definition clarity: What qualifies as "identifiable" and how "deepfakes" are distinguished from legal digital alterations (editing, filters, artistic works) may create enforcement ambiguity and unintended consequences.
  • Burden of proof: Determining intent and knowledge (whether someone knowingly created/distributed such material) could create prosecution challenges and potential defenses that complicate enforcement.

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

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