South Dakota § 12-26-36 Deepfake--Civil liability--Burden of proof--No limitation.

South Dakota Statutes

§ 12-26-36 — Deepfake--Civil liability--Burden of proof--No limitation.

South Dakota § 12-26-36

Title 12ELECTIONS

Ch. 12-25AOFFENSES AGAINST THE ELECTIVE FRANCHISE

This text of South Dakota § 12-26-36 (Deepfake--Civil liability--Burden of proof--No limitation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 12-26-36 (2026).

Text

A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the person knowingly made use of a deepfake by clear and convincing evidence in any action brought pursuant to this section. Nothing in this section limits any other cause of action from being brought against a person who disseminates a deepfake in violation of § 12-26-33 .

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A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the person knowingly made use of a deepfake by clear and convincing evidence in any action brought pursuant to this section. Nothing in this section limits any other cause of action from being brought against a person who disseminates a deepfake in violation of § 12-26-33 .