South Dakota
South Dakota AI Laws and Regulation (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · 6 primary sources cited on this page. How we verify our legal content
South Dakota regulates AI through three enacted laws targeting synthetic media harms. SB 164 (2025) prohibits undisclosed election deepfakes within 90 days of a vote, SB 41 (signed March 17, 2026) makes nonconsensual adult deepfake pornography a felony, and a 2024 law criminalizes AI-generated child sexual abuse material.
Overview of South Dakota AI Laws
South Dakota has taken a focused approach to artificial intelligence regulation, concentrating primarily on deepfakes and synthetic media rather than pursuing broad AI governance legislation. As of March 2026, the state has three enacted AI-specific laws addressing election deepfakes, AI-generated child exploitation material, and nonconsensual adult deepfake pornography.
The state's most recent AI law, Senate Bill 41, was signed by Governor Larry Rhoden on March 17, 2026, making the creation and distribution of deepfake pornography a felony. This builds on the state's 2024 law criminalizing AI-generated child sexual abuse material and the 2025 election deepfake disclosure law.
South Dakota does not have comprehensive AI regulation covering areas like employment, healthcare, or general-purpose AI systems. The state has instead relied on executive-level guidance for state government AI use and a legislative study committee to explore broader AI policy. This article covers South Dakota's enacted and pending AI legislation, state guidance, and the federal policy landscape. This information is current as of March 2026, but you should consult an attorney for advice specific to your situation.
SB 41: Nonconsensual Adult Deepfake Pornography (2026)
Governor Rhoden signed Senate Bill 41 into law on March 17, 2026, making South Dakota one of the latest states to criminalize nonconsensual adult deepfake pornography. The bill was proposed by Attorney General Marty Jackley as part of his 2026 legislative package.
Key Provisions
SB 41 adds a new subdivision to South Dakota's existing law on nonconsensual recording and photographing, codified at SDCL 22-21-4(3). It makes it a felony to knowingly and intentionally create, disclose, disseminate, distribute, or sell digitally fabricated material depicting an identifiable person in a state of nudity or engaging in sexual contact, sexual intercourse, deviant sexual activity, or sexually explicit conduct.
Lack of consent is not the only element. Under the statute's opening clause, the act must be done both without the consent or knowledge of the person depicted and with the intent to self-gratify or to alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that person. Subdivision (3) adds that the conduct must be knowing and intentional.
Mere possession of the material is not listed as a prohibited act. The provision reaches creating the material and the various forms of sharing or selling it, not passive possession.
Penalties
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Knowingly and intentionally creating nonconsensual digitally fabricated nude or sexual material of an identifiable person | Class 5 felony | Up to 5 years imprisonment and a $10,000 fine |
| Knowingly and intentionally disclosing, disseminating, distributing, or selling that material | Class 5 felony | Up to 5 years imprisonment and a $10,000 fine |
Class 5 felony penalties are set by SDCL 22-6-1, which caps a Class 5 felony at five years in a state correctional facility and a $10,000 fine.
Legislative Process
The bill was amended on the House floor to more clearly define what constitutes nudity, addressing concerns about unintended consequences raised during committee hearings. The State Senate had previously given unanimous approval to the bill.
Effective Date
SB 41 takes effect on July 1, 2026.
SB 164: Election Deepfake Disclosure Law (2025)
Senate Bill 164, signed by Governor Rhoden on March 31, 2025, was South Dakota's first AI-specific law. The bill prohibits the use of deepfakes to influence elections and establishes disclosure requirements and penalties.
What the Law Prohibits
The law makes it illegal to disseminate a deepfake of a candidate within 90 days of an election with the intent to injure that candidate, if the person knows or reasonably should know the content is a deepfake and does not include the required disclosure.
Disclosure Requirements
The law establishes specific disclosure standards based on the type of media:
For images and video: The disclosure text must appear in a size that is easily readable by the average viewer and be no smaller than the largest font size of other text in the image or video. The disclosure must be superimposed over each deepfake.
For audio recordings: The disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by the average listener at the beginning and end of the audio recording.
SDCL 12-26-37 sets the exact wording. The required disclosure reads: "This (image/video/audio) has been manipulated or generated by artificial intelligence." Using different wording does not satisfy the statute, and the affirmative defense described below depends on the disclosure being the one the statute specifies.
Penalties and Enforcement
| Violation | Penalty |
|---|---|
| Criminal | Class 1 misdemeanor: up to 1 year imprisonment, up to $2,000 fine |
| Civil | Under SDCL 12-26-36, the candidate and the individual depicted in the deepfake may both sue the disseminator for damages, reasonable costs, attorney fees, and any other relief the court deems proper; the plaintiff must prove knowing use of a deepfake by clear and convincing evidence |
Injunctive relief runs on a separate track. Under SDCL 12-26-35, the attorney general, a candidate injured or likely to be injured by the dissemination, or the individual depicted in the deepfake may seek injunctive or other equitable relief prohibiting its dissemination.
Affirmative Defense
The law provides an affirmative defense for any person who includes the proper disclosure statement. Including a properly formatted disclosure on deepfake content is a complete defense against both criminal and civil liability.
Exemptions
The law includes exemptions for:
- Satire and parody
- Broadcasters, newspapers, websites, and radio stations
- News broadcasts that clearly acknowledge the deepfake's questionable authenticity
These exemptions were included after some "election integrity" activists spoke out against the labeling requirements during public hearings.
AI-Generated Child Sexual Abuse Material Law (2024)
South Dakota enacted legislation in 2024 criminalizing AI-generated child sexual abuse material as a felony. The law was championed by Attorney General Jackley and revised the state's existing child pornography definitions to include artificial intelligence-generated content.
Scope of the Law
The definition of computer-generated child pornography in SDCL 22-24A-2(5) covers three categories, not two:
- Altered images of an actual child: A visual depiction of an actual minor that has been created, adapted, or modified to depict that minor engaged in a prohibited sexual act
- Adults depicted as minors: A visual depiction of an actual adult that has been created, adapted, or modified to depict that adult as a minor engaged in a prohibited sexual act
- Fully synthetic AI images: A depiction of an individual indistinguishable from an actual minor, created by artificial intelligence or other computer technology capable of processing and interpreting data inputs to create a visual depiction
The penalties here are the most severe of the three laws on this page. Under SDCL 22-24A-37, creating computer-generated child pornography, or causing or knowingly permitting its creation, is a Class 2 felony carrying a mandatory minimum of ten years in a state correctional facility for a first offense and twenty years for a second or subsequent offense.
These provisions bring South Dakota in line with the majority of states that have criminalized AI-generated CSAM. The 2026 deepfake pornography law (SB 41) extends similar protections to adult victims.
Legislative Study Committee on AI
The South Dakota Legislature established the Study Committee on Artificial Intelligence and Regulation of Internet Access by Minors during the 2024 interim period. The committee was co-chaired by Sen. Steve Kolbeck (R-Brandon) and Rep. Mike Weisgram (R-Fort Pierre).
Committee Activities
The study committee met multiple times during 2024 and heard from state and national technology professionals about AI risks and regulation. Key topics included:
- AI's impact on youth and internet safety
- Data poisoning and AI security risks
- Power requirements for AI data centers
- Potential regulatory frameworks for AI in South Dakota
- Economic opportunities from AI development
Outcomes
The committee's work informed the 2025 legislative session, which produced SB 164 (election deepfakes) and continued discussions about broader AI governance. The study committee structure reflects South Dakota's cautious, research-first approach to AI regulation.
State Government AI Guidance
The South Dakota Bureau of Information and Telecommunications (BIT) has issued generative AI guidance for state agencies. While not a binding regulation, the guidance establishes principles for responsible AI use in state government operations.
Key Principles
BIT promotes a balanced approach that acknowledges AI's potential to enhance efficiency while recognizing risks related to bias, privacy, and cybersecurity. The state guidelines establish several core practices:
- AI-generated content should be proofed, edited, and fact-checked before use
- AI output should be treated as a starting point, not a final product
- State employees should use AI tools intentionally, transparently, and safely
- Agencies should understand the data privacy implications of AI tools
Delayed Binding Policy
BIT has intentionally delayed implementation of an official binding AI policy, noting that the technology is evolving rapidly and any policy created now may not meet future needs. The current guidance represents an interim framework that allows agencies to experiment with AI while maintaining basic safeguards.
Current AI Applications
South Dakota has deployed AI in several government applications, including an AI chatbot within the citizen portal that helps residents access state services. The state's new CIO has indicated plans to expand AI and data capabilities across state operations.
AI in Employment and Healthcare
South Dakota has not enacted any AI-specific legislation governing employment decisions, hiring practices, or healthcare applications. The state has no pending bills in these areas as of March 2026.
Employers and healthcare providers in South Dakota using AI tools must comply with existing federal and state anti-discrimination laws. AI systems that produce biased outcomes in employment or healthcare decisions could create liability under federal civil rights protections, even in the absence of state-specific AI regulation.
Federal AI Policy and South Dakota
Executive Order 14365
President Trump's Executive Order 14365, signed December 11, 2025, establishes mechanisms to challenge state AI laws and conditions certain federal funding on states' regulatory approaches.
Senate AI Moratorium Removed
In a development particularly relevant to South Dakota, the U.S. Senate removed a provision from a budget reconciliation bill that would have enacted a 10-year prohibition on states from enforcing or regulating any type of AI legislation. The removal of this moratorium preserved South Dakota's ability to continue enacting state-level AI laws.
Senator Rounds' AI Leadership
South Dakota's U.S. Senator Mike Rounds has been active in federal AI policy. Rounds reintroduced the Unleashing AI Innovation in Financial Services Act, which would create a regulatory sandbox for AI experimentation in the financial services industry. South Dakota stakeholders, including representatives from the banking and technology sectors, have responded positively to Rounds' AI policy roadmap.
Impact on South Dakota's Laws
South Dakota's current AI laws are well-positioned under the federal framework:
Enacted deepfake laws (likely protected): All three enacted laws addressing election deepfakes, child exploitation, and nonconsensual intimate imagery fall within EO 14365's protected carve-outs for public safety, election integrity, and child protection.
Minimal regulatory burden: South Dakota's approach of targeting specific harms rather than creating comprehensive AI regulation aligns with the executive order's emphasis on preventing state laws from hindering AI development.
Conservative governance alignment: South Dakota's generally business-friendly regulatory philosophy is consistent with the federal administration's pro-innovation AI policy.
More South Dakota Laws
Explore other South Dakota law topics on Recording Law:
Frequently Asked Questions
Does South Dakota have an AI law?
Yes. South Dakota has three enacted AI-specific laws. A 2024 law criminalizes AI-generated child sexual abuse material, and manufacturing it is a Class 2 felony under SDCL 22-24A-37 with a mandatory minimum of ten years. SB 164 (signed March 2025) regulates deepfakes in elections, requiring disclosure within 90 days of an election with Class 1 misdemeanor penalties. SB 41 (signed March 17, 2026, effective July 1, 2026) makes it a Class 5 felony to knowingly and intentionally create, disclose, disseminate, distribute, or sell nonconsensual adult deepfake pornography, punishable by up to five years in prison and a $10,000 fine. South Dakota does not have comprehensive AI regulation covering employment, healthcare, or general AI systems.
What are the penalties for deepfakes in South Dakota?
Penalties depend on the type of deepfake. For election deepfakes without proper disclosure, violations are a Class 1 misdemeanor carrying up to one year in jail and a $2,000 fine, plus civil liability to both the candidate and the individual depicted for damages, costs, and attorney fees. For nonconsensual adult deepfake pornography (effective July 1, 2026), knowingly and intentionally creating, disclosing, disseminating, distributing, or selling the material is a Class 5 felony carrying up to five years imprisonment and a $10,000 fine; mere possession is not an offense under that provision. For AI-generated child sexual abuse material, manufacturing is a Class 2 felony under SDCL 22-24A-37 with a mandatory minimum of ten years for a first offense and twenty years for a subsequent offense.
Does South Dakota regulate deepfakes in elections?
Yes. SB 164, signed into law on March 31, 2025, prohibits disseminating deepfakes of candidates within 90 days of an election with intent to injure. The law requires a specific disclosure statement for any AI-manipulated political content, with format requirements varying by media type. Including the proper disclosure serves as an affirmative defense. The law exempts satire, parody, and certain media organizations.
Does South Dakota regulate AI in government operations?
Not through enacted legislation, but the Bureau of Information and Telecommunications (BIT) has issued generative AI guidance for state agencies. The guidance promotes responsible AI use while treating AI output as a starting point rather than a final product. BIT has intentionally delayed binding policy as the technology evolves. The state has deployed an AI chatbot in its citizen portal and is exploring expanded AI capabilities across state operations.
How does federal AI policy affect South Dakota?
Executive Order 14365 (December 2025) creates mechanisms to challenge state AI laws, but South Dakota's focused deepfake laws likely fall within protected carve-outs for public safety and child protection. A proposed 10-year federal moratorium on state AI regulation was removed from budget legislation before passage, preserving South Dakota's authority. Senator Mike Rounds has been active in federal AI policy, including proposing AI regulatory sandboxes for financial services.
Updates
Corrected the SB 41 penalty to a Class 5 felony (up to five years, not two), removed an offense of mere possession that the statute does not create, replaced an inaccurate quotation of the required election-deepfake disclosure with the exact wording of SDCL 12-26-37, added the statute’s intent element, and expanded the civil-remedy and AI-CSAM sections to match SDCL 12-26-35, 12-26-36, 22-24A-2 and 22-24A-37.
Independently fact-checked against the cited primary sources
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 12-26: OFFENSES AGAINST THE ELECTIVE FRANCHISE
§ 12-26-33Deepfake--Use in election--Penalty.In force
No person, with the intent to injure a candidate, may disseminate a deepfake or enter into a contract or other agreement to disseminate a deepfake, within ninety days of an election, if the person knows or reasonably should know the item being disseminated is a deepfake and does not include with the deepfake the disclosure described in § 12-26-37. A violation of this section is a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
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Sources and References
- SB 41 signed into law - deepfake pornography felony(southdakotasearchlight.com)
- Attorney General Jackley 2026 legislative package including deepfakes(southdakotasearchlight.com)
- South Dakota Attorney General press release on deepfake law(atg.sd.gov).gov
- SB 164 election deepfake law - bill text(sdlegislature.gov).gov
- South Dakota cracks down on unlabeled deepfakes in elections(akingump.com)
- South Dakota BIT AI guidance for state agencies(sd.gov).gov
- South Dakota generative AI guidelines for state use(digitalgovernmenthub.org)
- South Dakota Legislature Study Committee on AI(sdlegislature.gov).gov
- SD lawmakers seek answers on AI regulation(sdpb.org)
- US Senate removes state AI moratorium from reconciliation bill(sdpb.org)
- Senator Rounds AI roadmap for financial services(rounds.senate.gov).gov
- Executive Order 14365 on AI state preemption(whitehouse.gov).gov
- State Senate approves AG Jackley deepfake bills(kotatv.com)
- Election integrity activists speak against deepfake labels(southdakotasearchlight.com)
- SD AI-generated child pornography law 2024(kotatv.com)
- State laws criminalizing AI-generated CSAM tracker(enoughabuse.org)
- South Dakota deepfake election bill coverage(thehill.com)
- SDCL 22-21-4 - Prohibited recording or manipulated image; Class 5 felony for digitally fabricated material (as amended by SB 41)(sdlegislature.gov)
- SDCL 22-6-1 - Felony classification and maximum sentences (Class 5 felony: 5 years, $10,000)(sdlegislature.gov)
- SDCL 12-26-33 - Dissemination of election deepfake within 90 days; Class 1 misdemeanor(sdlegislature.gov)
- SDCL 12-26-37 - Required deepfake disclosure wording and affirmative defense(sdlegislature.gov)
- SDCL 12-26-36 - Civil liability to candidate and depicted individual; costs and attorney fees(sdlegislature.gov)
- SDCL 12-26-35 - Injunctive relief by attorney general, candidate, or depicted individual(sdlegislature.gov)
- SDCL 22-24A-2 - Definition of computer-generated child pornography (three branches)(sdlegislature.gov)
- SDCL 22-24A-37 - Manufacturing child pornography; Class 2 felony with mandatory minimum(sdlegislature.gov)