Case Explained: Creating, sharing of deepfakes will be a felony under South Dakota bill now signed into law • South Dakota Searchlight – Legal Perspective

South Dakota Republican Gov. Larry Rhoden signed a bill into law Monday that makes it a felony crime to create, possess or share computer-generated “deepfakes” of unwilling people in states of nudity or engaging in pornographic acts.

The bill was one of 11 public safety bills Rhoden signed Monday.

The bill on computer-generated pornography was proposed by Attorney General Marty Jackley. Two years ago, Jackley successfully pushed for a bill to make the creation, possession and distribution of computer-generated child pornography a felony crime. Both laws are a reflection of the rapidly expanding capabilities of generative artificial intelligence. 

Billionaire Elon Musk faced blowback last year when users of his X social media platform asked its Grok AI tool to create nude photos of women and girls and post them in replies to the victims’ own posts.

It’s already a crime, punishable by up to a year in jail, to take or distribute photos of non-consenting adults in the nude or engaged in sexual activity. Under the terms of Senate Bill 41, the creation, possession or sharing of deepfakes of non-consenting adults would be a higher-level crime, punishable by up to two years in prison.

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SB 41’s provisions will be added to the state’s existing law on non-consensual recording and photographing on July 1.

Also among the 11 bills signed on Monday, all of which take effect July 1:

House Bill 1187: This bill will require coaches of school activities to report concerns of child abuse or neglect, adding them to the state’s existing list of mandatory abuse reporters that already includes teachers, doctors, counselors, nurses and police officers, among others. The bill’s sponsor initially wanted to include all coaches, but concerns about pressure on volunteer coaches of non-sanctioned activities led lawmakers to limit the requirement to school activity coaches. 

Senate Bill 42: In 2024, lawmakers voted to remove felony penalties for first- and second-offense ingestion of controlled substances like methamphetamine, cocaine or fentanyl. The law had been among the strictest in the U.S. SB 42 makes first- and second-offense ingestion a felony again, but only for inmates and people on parole. It also enhances penalties for the use or distribution of drugs in correctional institutions. The bill, proposed by Attorney General Jackley, came in part as a response to the eight overdose deaths that took place in South Dakota prisons in 2025. 

Senate Bill 44: Another of Jackley’s bills, this one makes it easier for investigators to get subpoenas to search electronic records in cases involving human trafficking or crimes against children. Under this law, police can ask a judge in Pierre to sign off on such investigations anywhere in South Dakota. The state’s Internet Crimes Against Children task force is headquartered in Pierre. 

House Bill 1108: This bill specifies that applications for protection orders will be sealed from public view if the protection order is dismissed without a hearing, or if a judge determines that the order was sought to harass another person and has no basis in fact. Protection order applications, which include the petitioner’s unverified allegations against the person from whom they’re seeking protection, are currently public records. The bill applies retroactively to all protection order applications dismissed without a hearing.

Senate Bill 137: This bill restricts legal actions commonly referred to as “Strategic Litigation against Public Participation,” or SLAPP lawsuits, designed to punish those who participate in public discourse. The South Dakota News Media Association’s director and two newspaper publishers testified in favor of the bill, noting that media organizations can be dragged into costly and frivolous disputes by deep-pocketed groups or individuals who dislike their coverage. The law makes it easier to get a case dismissed before the discovery process, which is the step in litigation during which parties demand information from the other side. 

As of Monday afternoon, Rhoden had signed 173 bills into law and vetoed one. The 2026 legislative session ended Thursday, except for a day on March 30 to consider vetoes.