(House Bill 1204)
An Act to revise criminal provisions regarding certain visual recordings or photographic devices.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-21-4 be AMENDED.
No person may
use or disseminate in any form:
recording or photographic device
to photograph or visually record any other person without clothing or
under or through the clothing, or with another person depicted in a
sexual manner, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, 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.
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.
Signed March 25, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.