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Law / United States / South Dakota

Nonconsensual Digitally Fabricated Intimate Image Law (SB 41, 2026)

SDCL §§ 22-21-4(3), 22-21-4.1 (S.L. 2026, ch. 104)

In force.

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • 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.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

A violation of SDCL § 22-21-4(3) is a Class 5 felony (up to five years in a state correctional facility and a $10,000 fine, under SDCL § 22-6-1).

Penalty structure

Ceiling for the Class 5 felony; the section also authorizes up to five years' imprisonment.

Rule
Fixed only
As of
Currency
USD
Fixed cap
10,000

What it makes you log

Logging duty

Section 22-21-4(3) creates the offense and Section 22-21-4.1 defines its terms. Neither states a duty to log, record, or document anything.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

SB 41 was introduced at the request of the Attorney General and signed by the Governor on .

SDCL § 22-21-4(3) makes it a Class 5 felony for an individual, without the consent or knowledge of the person depicted and with intent to self-gratify, alarm, annoy, embarrass, harass, invade privacy, threaten, or cause emotional, financial, physical, psychological, or reputational harm, to knowingly and intentionally create, disclose, disseminate, distribute, or sell digitally fabricated material depicting an identifiable individual in a state of nudity or engaged in sexual conduct.

Section 22-21-4.1 defines digitally fabricated material as an image, photograph, video, or other visual depiction that appears to an ordinary person to be an authentic depiction of an identifiable individual and is adapted, generated, or modified to falsely depict that individual's appearance, conduct, or voice; "identifiable" means recognizable by face, likeness, or another distinguishing characteristic.

Section 22-21-5 shields an electronic communication, information, mobile, telecommunication, interactive computer, or cable service provider, as those terms are defined under federal law, from liability under this section. The enrolled act for Chapter 104 of the 2026 South Dakota Session Laws carries no effective-date clause or emergency clause of its own, so it takes effect under South Dakota's general rule, SDCL § 2-14-16, on the first day of July following its passage.

When LexLint raises it

When your app profile says your app generates audio with AI, generates images with AI, generates video with AI or publishes adult content.

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