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.
Signed March 15, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.