2022 South Dakota Codified Laws
Title 22 - Crimes
Chapter 21 - Invasions Of Privacy
Section 22-21-4 - Record--Privacy--Manipulated image--Violation.

22-21-4. Record--Privacy--Manipulated image--Violation.

No person may:

(1)Use any device to photograph or visually record:

(a)Any other person without clothing or under or through the clothing, or with another person depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, that other person;

(b)Without the consent or knowledge of that other person; and

(c)With the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy;

(2)Use, disclose, or disseminate, by any means, any recording or photograph in violation of subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person; or

(3)Knowingly and intentionally disseminate or sell any image or recording of another person:

(a)That has been intentionally manipulated to create a realistic but false image or recording that would cause a reasonable person to mistakenly believe that the image or recording is authentic;

(b)That depicts the person as totally nude; in a state of undress to expose the genitals, pubic area, buttocks, or female breast; or with another person in a sexual act;

(c)Without the consent or knowledge of the person whose image is depicted; and

(d)With the intent to self-gratify, to harass, or embarrass and invade the privacy of the person whose image is depicted.

A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years of age at the time the photograph or recording is made.

Source: SL 2004, ch 151, §1; SL 2011, ch 116, §1; SL 2016, ch 123, §1; SL 2020, ch 87, §4; SL 2021, ch 96, §1; SL 2022, ch 63, §1.