Chapter 63

(Senate Bill 120)

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