Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL 15-2-22
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Source: SL 2020, ch 77 , § 7.
(b) In an action under this chapter, the court may award a prevailing plaintiff: (1) Attorney's fees and costs as allowed by § 15-6-54(d) ; and (2) Additional relief, including injunctive relief
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(c) This chapter does not affect a right or remedy available under law of this state other than this chapter. Source: SL 2020, ch 77 , § 6.
SDCL § 21-67-1 Short title
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This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Source: SL 2020, ch 77 , § 1.
SDCL § 21-67-2 Definitions
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Terms used in this chapter mean: (1) "Consent," affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization; (2) "Depicted individual," an individual whose body is shown in whole or in part in an intimate image; (3) "Disclosure,"…
SDCL § 21-67-3 Intentional disclosure of intimate images--Civil action
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(a) In this section: (1) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) "Private" means: (A) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of p…
SDCL § 21-67-4 Exceptions to liability
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(a) In this section: (1) "Child" means an unemancipated individual who is less than eighteen years of age; (2) "Parent" means an individual recognized as a parent under law of this state other than this chapter. (b) A person is not liable under this chapter if the person proves t…
SDCL § 21-67-5 Plaintiff privacy
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In an action under this chapter: (1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under § 15-15-11 ; (2) A plaintiff to whom paragraph (1) applies shall file with the court and serve on the…
SDCL § 21-67-6 Remedies
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(a) In an action under this chapter, a prevailing plaintiff may recover: (1) The greater of: (A) Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by othe…
SDCL § 21-67-7 Statute of limitations
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(a) An action under § 21-67-3 for: (1) An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and (2) A threat to disclose may not be brought later th…
SDCL § 21-67-8 Construction
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This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. Section 230. Source: SL 2020, ch 77 , § 8.
SDCL § 21-67-9 Uniformity of application and construction
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In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2020, ch 77 , § 9.