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South Dakota statute

SDCL § 22-21-4 — Prohibited recording or manipulated image--Penalty

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 21: Invasions Of Privacy, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-21-4

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-21-4Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No individual, without the consent or knowledge of the individual depicted or recorded, and with the intent to self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual, may: (1) Intentionally use any device to photograph or visually record the individual without clothing or under or through the clothing, or with a third individual depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, the individual; (2) Intentionally disclose, disseminate, distribute, sell, or use, by any means, any recording or photograph described in subdivision (1); or (3) Knowingly and intentionally create, disclose, disseminate, distribute, or sell, by any means, digitally fabricated material depicting the identifiable individual: (a) In a state of nudity, as defined in § 22-24A-2, such that an ordinary person viewing the material would conclude that the depiction is of the identifiable individual in such a state of nudity; or (b) Engaging in sexual contact, sexual intercourse, deviant sexual activity, or sexually explicit conduct such that an ordinary person viewing the material would conclude that the depiction is of the identifiable individual engaging in sexual contact, sexual intercourse, deviant sexual activity, or sexually explicit conduct. A violation of subdivision (1) or (2) is a Class 1 misdemeanor, unless 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, in which case the violation is a Class 6 felony. Any subsequent violation of subdivision (1) or (2) is a Class 6 felony. A violation of subdivision (3) is a Class 5 felony.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.