22.316.12 97th Legislative Session 682
SENATE JUDICIARY ENGROSSED
Introduced by: Senator Castleberry
An Act to include intentionally manipulated images or recordings in the crime of invasion of privacy by recording.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-21-4 be AMENDED:
22-21-4. No person may:
(1) Use any device to photograph
or visually record
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 ,
the consent or
knowledge of that other person
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
(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.
Underscores indicate new language.
indicate deleted language.