Generates video with AI, in South Dakota

SDCL §§ 22-24A-2(5), 22-24A-35 to 22-24A-37 (S.L. 2024, ch. 87) · Read the law's page

• Do not create, cause the creation of, knowingly permit the creation of, possess, sell, or distribute a visual depiction of a minor engaged in a prohibited sexual act, including a depiction of an individual indistinguishable from an actual minor created using artificial intelligence or other computer technology.
• Treat an AI system or product capable of generating a depiction of an identifiable minor, or of an individual made to appear as a minor, engaged in sexual conduct as carrying the same criminal exposure as an authentic photograph; there is no synthetic-content or AI-generated-output exemption.
• Manufacturing carries the highest exposure (Class 2 felony, mandatory minimum ten years), distributing the next highest (Class 3 felony, mandatory minimum five years), and possessing the lowest (Class 4 felony, mandatory minimum one year).

SDCL §§ 12-26-32 to 12-26-37 (S.L. 2025, ch. 68) · Read the law's page

• Do not disseminate, or contract to disseminate, a deepfake, an AI-manipulated or -generated image, audio recording, or video recording depicting a real individual's speech or conduct that did not occur, within 90 days of a South Dakota election, with intent to injure a candidate, unless the item carries the disclosure required by SDCL § 12-26-37.
• If disseminating such content, superimpose (for an image or video) or speak at the beginning and end (for audio) a disclosure reading that the item has been manipulated or generated by artificial intelligence, sized or spoken to be easily seen or heard by an average viewer or listener.
• This prohibition does not reach satire or parody, a bona fide news broadcast that acknowledges questions about the item's authenticity, a paid periodical or website of general circulation carrying news and commentary, or an internet, hosting, or connectivity provider acting in a merely technical or automatic capacity.
• Expect civil exposure to the candidate and the depicted individual, in addition to a Class 1 misdemeanor charge, for a violation.

SDCL §§ 22-21-4(3), 22-21-4.1 (S.L. 2026, ch. 104) · Read the law's page

• Do not knowingly and intentionally create, disclose, disseminate, distribute, or sell digitally fabricated material, content adapted, generated, or modified to falsely depict a real, identifiable individual's appearance, conduct, or voice, showing that individual in a state of nudity or engaged in sexual conduct, without that individual's consent, if done with an intent to self-gratify, alarm, annoy, embarrass, harass, invade their privacy, threaten, or cause them emotional, financial, physical, psychological, or reputational harm.
• An electronic communication, information, mobile, telecommunication, interactive computer, or cable service provider, as those terms are defined under federal law, is not itself liable under this section for content it merely carries.