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 any:

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

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

(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.