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Intimate Images

SDCL § 22-21-4 — recording or sharing without consent, and a Class 5 felony for a fabricated nude image

  • Photographing or recording a person without clothing, or under or through clothing.
  • Disclosing, distributing, selling or using such a recording or photograph.
  • Creating or distributing a digitally fabricated image of an identifiable person nude or in a sexual act.
  • SDCL § 22-21-4
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Each is a crime when done without the person's consent or knowledge and meant to gratify, harass, embarrass or harm them.

  • SDCL § 22-21-4

The classes. Recording or sharing is a Class 1 misdemeanor, and a Class 6 felony the second time or where the victim is seventeen years of age or younger and the perpetrator at least twenty-one years of age. A fabricated image is a Class 5 felony.

  • SDCL § 22-21-4

A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 22-21-4
Sources for this section (1)
  1. SDCL § 22-21-4 — Prohibited recording or manipulated image; Penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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