Discreetly

    Revenge Porn Laws in South Dakota (2026): Your Rights and What to Do

    South Dakota makes it a crime to disseminate an intimate image without consent and gives victims a separate civil remedy under a dedicated statute adapted from the Uniform Law Commission's model act. A 2026 amendment adds coverage for digitally fabricated, AI-generated images, putting South Dakota among the states that expressly reach deepfakes.

    South Dakota at a Glance

    Statute
    Unauthorized dissemination of an intimate image — S.D. Codified Laws § 22-21-4
    Criminal classification
    Class 1 misdemeanor; felony for a second or subsequent offense
    Maximum penalty
    Up to one year in county jail and a $2,000 fine for a first offense; a repeat offense can be charged as a felony carrying prison time
    Can you sue?
    Yes — S.D. Codified Laws Chapter 21-67 (Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act)
    Time limit to sue
    Generally within three years of discovery of the disclosure and the identity of the discloser, under the Uniform Civil Remedies Act
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in South Dakota?

    Yes. S.D. Codified Laws § 22-21-4 makes it a crime to knowingly disseminate a photograph, video, or other recording of another identifiable person that depicts private intimate parts or sexual conduct, taken with a reasonable expectation of privacy, without that person's consent.

    The statute targets sharing the image with others, including posting it online, sending it to third parties, or otherwise making it available, and covers images originally taken consensually as well as those recorded secretly.

    Certain narrow exceptions exist, such as lawful law-enforcement activity and reporting of criminal conduct, but a private ex-partner sharing an intimate photo for revenge or attention falls squarely within the offense.

    Penalties for Sharing Intimate Images in South Dakota

    A first offense under § 22-21-4 is a Class 1 misdemeanor, which in South Dakota carries up to one year in the county jail and a fine of up to $2,000.

    A second or subsequent conviction under the section can be charged as a felony, exposing the offender to state prison time rather than a jail sentence, reflecting the legislature's intent to punish repeat offenders more severely.

    Related conduct may also support charges of stalking under § 22-19A-1, harassment, or extortion where someone threatens to release images unless paid or given more images, and separate child pornography offenses apply where a minor is depicted.

    Can I Sue Someone in South Dakota?

    Yes. South Dakota adopted the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, codified in Chapter 21-67, which lets a depicted person sue whoever disclosed an intimate image without consent for damages, including presumed and punitive damages in appropriate cases, plus attorney's fees.

    This civil claim runs independently of any criminal prosecution, so you do not need a conviction, or even a police report, before an attorney can send a claim or file suit against the person who shared the image.

    Where a written agreement, such as an NDA or relationship agreement, addressed how intimate images would be handled, a breach of that agreement is evidence there was no consent to share and can support an additional contract claim.

    Does South Dakota Cover Deepfakes and AI Images?

    Partially, but improving. A 2026 amendment (Senate Bill 41) revises South Dakota's privacy-invasion statute to prohibit creating and distributing digitally fabricated material that depicts an identifiable individual in an intimate manner, aligning the criminal law with the reality of AI-generated fakes.

    Victims should also know about the federal TAKE IT DOWN Act, which requires covered platforms to remove nonconsensual intimate imagery, including AI-generated forgeries, within 48 hours of a valid takedown request, regardless of which state the victim lives in.

    What to Do Right Now If Your Images Were Shared in South Dakota

    1. 1

      Preserve the Evidence Before Reporting It

      Take screenshots that show the image, the poster's account, the URL, and the date and time before you report anything. Save original files and messages in a place the other person cannot access.

    2. 2

      Use the Platform's Intimate-Image Report

      Report through the platform's nonconsensual intimate imagery or sexual-content channel rather than a general complaint, and keep any confirmation emails or case numbers you receive.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII.org creates a hash of the image on your device and shares only that fingerprint with participating platforms. If you were under 18 when the image was taken, use NCMEC's Take It Down service instead.

    4. 4

      Report It in South Dakota

      Contact your local police department or sheriff and cite S.D. Codified Laws § 22-21-4, mentioning the 2026 amendment if the material is AI-generated. Flag any threats, extortion, or stalking so those separate offenses are investigated too.

    5. 5

      Get Advice About the Civil Claim

      Ask a South Dakota attorney about a civil claim under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, and about any written agreement that shows there was no consent to share the images.

    Be Safer With a Written NDA as Evidence

    Most of South Dakota's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    South Dakota: Frequently Asked Questions

    Is revenge porn a felony in South Dakota?
    A first offense is a Class 1 misdemeanor punishable by up to a year in jail. A second or later conviction under the same statute can be charged as a felony.
    Does South Dakota law cover AI deepfake nudes?
    A 2026 amendment extends the state's privacy-invasion statute to digitally fabricated intimate material depicting an identifiable person, so it now addresses many deepfake scenarios.
    Can I sue someone in South Dakota for sharing intimate images?
    Yes. South Dakota's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act lets you sue for damages and attorney's fees independently of any criminal case.
    Do I have to show the person meant to hurt me?
    No. The criminal offense turns on knowing dissemination of an intimate image without consent, not on proof of a vengeful motive.
    What if the image was recorded without my knowledge?
    That can support additional charges, such as invasion of privacy or stalking, on top of any dissemination charge for sharing the image afterward.

    Sources

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    This page provides general information about South Dakota law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in South Dakota. Last reviewed August 2026.