§ 22-21-4 — Record--Privacy--Manipulated image--Violation.

South Dakota § 22-21-4

• Jurisdiction: South Dakota
• Title 22: CRIMES
• Ch. 22-20: INVASIONS OF PRIVACY

Text

No person may: (1) Use any device to photograph or visually record: (a) Any other person without clothing or under or through the clothing, or with another person depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, that other person; (b) Without the consent or knowledge of that other person; 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; (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.

Legislative History

SL 2004, ch 151, § 1; SL 2011, ch 116, § 1; SL 2016, ch 123, § 1; SL 2020, ch 87, § 4; SL 2021, ch 96, § 1; SL 2022, ch 63, § 1.