South Dakota

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State/TerrAI ScopeRelevant LawLaw LinkEffective DateKey RequirementsEnforcements & Penalties
South DakotaAI CSAMAmendment of South Dakota CSAM LawsSB 792/12/2024
• Expands the scope of existing child pornography statutes to include matter that is digitally altered or generated by the use of AI.
Existing criminal penalties apply.
South DakotaAI in Political AdvertisingAn Act to Prohibit the Use of a Deepfake to Influence an ElectionSB1647/1/2025
• Prohibits the distribution of AI-generated deepfakes with the intent to injure a candidate within 90 days of an election.
• Provides a safe harbor from liability where the deepfake includes a disclosure stating "This (image/video/audio) has been manipulated or generated by artificial intelligence." The disclosure must also meet certain formatting / delivery requirements.
• Class 1 Misdemeanor.
• Injunctive or other equitable relief.
• Damages, reasonable costs and attorney fees, and any other relief the court deems proper in a suit by the candidate or other individual depicted.

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