United States of America: Bill amending Codified Laws to include provisions prohibiting creation and distribution of digitally fabricated materials (No. SB 41) was introduced to Senate of South Dakota

On 13 January 2026, the Bill amending section 22-21-4 of the Codified Laws to include provisions prohibiting the creation and distribution of digitally fabricated materials was introduced to the Senate. The Bill aims to address unlawful recording and distribution of private images and prohibit photographing or recording someone without consent. The amendment seeks to expand privacy protections and criminalise certain digitally fabricated sexual content. The Bill applies to entities involved in creating, manipulating, distributing, or selling images or recordings of identifiable persons. It prohibits the knowing and intentional creation or dissemination of realistic but false images depicting an identifiable individual as nude or engaged in sexual conduct without consent, as well as non-consensual recording or disclosure in situations with a reasonable expectation of privacy. It defines digitally fabricated material and an identifiable individual and sets penalties, including a Class 5 felony for offences involving digitally fabricated sexual material.