South Dakota § 21-67-4 Exceptions to liability.

South Dakota Statutes

§ 21-67-4 — Exceptions to liability.

South Dakota § 21-67-4

Title 21JUDICIAL REMEDIES

Ch. 21-66UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT

This text of South Dakota § 21-67-4 (Exceptions to liability.) 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 § 21-67-4 (2026).

Text

(a)In this section:

(1)"Child" means an unemancipated individual who is less than eighteen years of age;

(2)"Parent" means an individual recognized as a parent under law of this state other than this chapter.

(b)A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:

(1)Made in good faith in:

(A)Law enforcement;

(B)A legal proceeding; or (C) Medical education or treatment;

(2)Made in good faith in the reporting or investigation of:

(A)Unlawful conduct; or (B) Unsolicited and unwelcome conduct;

(3)Related to a matter of public concern or public interest; or (4) Reasonably intended to assist the depicted individual.

(c)Subject to subsection (d), a defendant who is a

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(a) In this section: (1) "Child" means an unemancipated individual who is less than eighteen years of age; (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter. (b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was: (1) Made in good faith in: (A) Law enforcement; (B) A legal proceeding; or (C) Medical education or treatment; (2) Made in good faith in the reporting or investigation of: (A) Unlawful conduct; or (B) Unsolicited and unwelcome conduct; (3) Related to a matter of public concern or public interest; or (4) Reasonably intended to assist the depicted individual. (c) Subject to subsection (d), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 21-67-2 , of the child. (d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was: (1) Prohibited by law other than this chapter; or (2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. (e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.