Publishes adult content, 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).

S.D. Codified Laws ch. 22-24 (new sections enacted by 2025 S.D. Laws, HB 1053) · Read the law's page

• Applies to a covered platform: a website whose regular course of trade or business is to create, host or make available material harmful to minors. Search engines, internet service providers and cloud providers are exempt.
• Implement reasonable age verification using a state issued driver license or non-driver ID, bank account information, an age restricted debit or credit card, or another reliable method.
• Prevent minors from accessing that material.
• Do not sell or retain identifying information collected in age verification; the law bars verifiers from doing either.

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.