South Dakota criminal charge
Prohibited recording or manipulated image in South Dakota
Prohibited recording or manipulated image is a criminal offense under South Dakota law, defined by SDCL § 22-21-4. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-21-4.
What is the penalty for prohibited recording or manipulated image in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Photographing/recording without consent (subd. 1 or 2) - first violation, standard case — First violation of subdivision (1) or (2) where the victim is not seventeen or younger with a perpetrator at least twenty-one.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Photographing/recording without consent (subd. 1 or 2) - first violation, standard case — First violation of subdivision (1) or (2) where the victim is not seventeen or younger with a perpetrator at least twenty-one.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Photographing/recording without consent (subd. 1 or 2) - victim 17 or younger, perpetrator 21 or older — Violation of subdivision (1) or (2) where the victim is seventeen years old or younger and the perpetrator is at least twenty-one years old at the time of the offense.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Photographing/recording without consent (subd. 1 or 2) - victim 17 or younger, perpetrator 21 or older — Violation of subdivision (1) or (2) where the victim is seventeen years old or younger and the perpetrator is at least twenty-one years old at the time of the offense.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 2 years (Photographing/recording without consent (subd. 1 or 2) - subsequent violation — Any subsequent violation of subdivision (1) or (2), regardless of victim or perpetrator age.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Photographing/recording without consent (subd. 1 or 2) - subsequent violation — Any subsequent violation of subdivision (1) or (2), regardless of victim or perpetrator age.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Digitally fabricated depiction (subd. 3) — Violation of subdivision (3), involving creation, disclosure, dissemination, distribution, or sale of digitally fabricated material depicting an identifiable individual in nudity or sexual conduct.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Digitally fabricated depiction (subd. 3) — Violation of subdivision (3), involving creation, disclosure, dissemination, distribution, or sale of digitally fabricated material depicting an identifiable individual in nudity or sexual conduct.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is prohibited recording or manipulated image classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Photographing/recording without consent (subd. 1 or 2) - first violation, standard case | Class 1 Misdemeanor | First violation of subdivision (1) or (2) where the victim is not seventeen or younger with a perpetrator at least twenty-one. | SDCL § 22-21-4undefined |
| Photographing/recording without consent (subd. 1 or 2) - victim 17 or younger, perpetrator 21 or older | Class 6 Felony | Violation of subdivision (1) or (2) where the victim is seventeen years old or younger and the perpetrator is at least twenty-one years old at the time of the offense. | SDCL § 22-21-4undefined |
| Photographing/recording without consent (subd. 1 or 2) - subsequent violation | Class 6 Felony | Any subsequent violation of subdivision (1) or (2), regardless of victim or perpetrator age. | SDCL § 22-21-4undefined |
| Digitally fabricated depiction (subd. 3) | Class 5 Felony | Violation of subdivision (3), involving creation, disclosure, dissemination, distribution, or sale of digitally fabricated material depicting an identifiable individual in nudity or sexual conduct. | SDCL § 22-21-4undefined |
Common questions about prohibited recording or manipulated image in South Dakota
Is prohibited recording or manipulated image a felony or a misdemeanor in South Dakota?
It depends on the circumstances: prohibited recording or manipulated image ranges from a Class 1 Misdemeanor to a Class 5 Felony in South Dakota under SDCL § 22-21-4.
Photographing/recording without consent (subd. 1 or 2) - first violation, standard case: Class 1 Misdemeanor (SDCL § 22-21-4) · Photographing/recording without consent (subd. 1 or 2) - victim 17 or younger, perpetrator 21 or older: Class 6 Felony (SDCL § 22-21-4) · Photographing/recording without consent (subd. 1 or 2) - subsequent violation: Class 6 Felony (SDCL § 22-21-4) · Digitally fabricated depiction (subd. 3): Class 5 Felony (SDCL § 22-21-4)
What are the penalties for prohibited recording or manipulated image in South Dakota?
Which South Dakota statute covers prohibited recording or manipulated image?
Prohibited recording or manipulated image is governed by SDCL § 22-21-4 (Prohibited recording or manipulated image--Penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.