South Dakota
Legislation
Non-Consensual Intimate Imagery
EnactedRevised child pornography definitions to include AI-generated images. Felony. Covers creation, possession, distribution.
Felony (up to 5 years) to create, possess, or share deepfakes of non-consenting adults. Covers creation + possession + distribution (broader than most states). Signed Mar. 17, 2026.
Election Deepfakes
EnactedDisclosure requirements for 2026 midterms
SB 41 (2026) provides comprehensive adult deepfake coverage. Covers creation, possession, AND distribution.
Documented Incidents
Aberdeen State Driver Licensing Office, SD
WorkplaceOctober 31, 2025
At least 50 identified victims — women and girls whose driver's license photos were stolen
Mark Rathbun, a Senior Driver's License Examiner, used his access to the confidential driver's license database to steal photos, SSNs, and addresses of women and girls, then used AI to create deepfake pornographic images. Over 1 million images found on his devices.
Outcome: Re-indicted on 85 counts including solicitation of rape, child pornography, computer-generated sexual imagery. Faces up to 395 years. Terminated from state employment.
South Dakota Searchlight