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South DakotaSB 164100th South Dakota Legislature (2025)Senate

prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

Sponsored By: Larson, Liz (Democratic)

Signed by Governor

Artificial IntelligenceCrimesElectionsPenalty

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 1 costs, 0 mixed.

Court relief for election deepfake victims

South Dakota's attorney general, a harmed or likely harmed candidate, or the person depicted can seek an order stopping unlawful deepfake sharing. Candidates and people depicted can also seek damages, reasonable costs, attorney fees, and other relief for sharing that violates this law. To win damages, the person suing must prove knowing use of the deepfake with clear and convincing evidence. The law does not block other legal claims.

New limits on sharing election deepfakes

South Dakota bans sharing, or agreeing to share, an unlabeled deepfake within 90 days of an election to harm a candidate. The person must know, or reasonably should know, that it is a deepfake. Deepfakes are realistic images, videos, or audio made or changed digitally to falsely show a real person's words or actions. Violations are Class 1 misdemeanors. A disclosure stating the material “has been manipulated or generated by artificial intelligence” provides a defense. For images and videos, that text must be superimposed, easily readable, and at least as large as the largest font shown. Audio must clearly state the disclosure at both the beginning and end. Satire and parody are exempt. Radio, television, cable, and satellite broadcasters have exemptions for paid distribution or genuine news coverage that clearly flags authenticity concerns. News websites and general-circulation newspapers, magazines, and other periodicals that routinely carry news and commentary are exempt for paid distribution. Internet providers are exempt when their role is only technical, automatic, or intermediate, such as hosting or transmitting content.

Sponsors & Cosponsors

Sponsor

  • Larson, Liz

    Democratic • Senate

Cosponsors

  • Emery, Eric

    Democratic • House

  • Moore, Scott

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Perry, Carl

    Republican • Senate

  • Smith, Jamie

    Democratic • Senate

  • Uhre-Balk, Nicole

    Democratic • House

  • Weisgram, Mike

    Republican • House

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 98 • No: 28

House vote • 3/10/2025

Do Pass Amended

Yes: 45 • No: 24

House vote • 3/5/2025

Do Pass

Yes: 13 • No: 0

Senate vote • 2/25/2025

Do Pass Amended

Yes: 32 • No: 3

Senate vote • 2/24/2025

Do Pass Amended

Yes: 8 • No: 1

Actions Timeline

  1. Signed by the Governor

    3/31/2025Senate

  2. Delivered to the Governor

    3/12/2025Senate

  3. Signed by the Speaker

    3/11/2025House

  4. Signed by the President

    3/11/2025Senate

  5. House of Representatives Do Pass Amended, Passed, YEAS 45, NAYS 24

    3/10/2025House

  6. Remove from Consent Calendar

    3/6/2025House

  7. Certified uncontested, placed on consent

    3/5/2025House

  8. House Judiciary Do Pass, Passed, YEAS 13, NAYS 0

    3/5/2025House

  9. Scheduled for hearing

    3/5/2025House

  10. First read in House and referred to House Judiciary

    2/26/2025House

  11. Senate Do Pass Amended, Passed, YEAS 32, NAYS 3

    2/25/2025Senate

  12. Senate State Affairs Do Pass Amended, Passed, YEAS 8, NAYS 1

    2/24/2025Senate

  13. Senate State Affairs Motion to amend, Passed

    2/24/2025Senate

  14. Scheduled for hearing

    2/24/2025Senate

  15. Scheduled for hearing

    2/21/2025Senate

  16. Referred to Senate State Affairs

    2/7/2025Senate

  17. First Reading Senate

    1/30/2025Senate

Bill Text

  • Introduced

    1/30/2025

    PDF

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