South Dakota

AI Policy Overview

South Dakota lawmakers have yet to prioritize artificial intelligence policies broadly. However, lawmakers took up a handful of bills to combat the proliferation of deepfake media in the 2024 and 2025 sessions.

Deepfakes

South Dakota enacted a law (SD SB 79) in 2024 adding computer-generated content to child pornography laws. In 2025, South Dakota enacted a political deepfake law (SD SB 164), which prohibits the use of a deepfake with the intent to injure a candidate within 90 days of the election without a disclaimer. The law allows a candidate to seek injunctive or other equitable relief.

Legislative & Regulatory History

  • 2025 - South Dakota enacted SD SB 164, which prohibits the use of a deepfake with the intent to injure a candidate within 90 days of the election without a disclaimer.

  • 2024 - South Dakota enacted SD SB 79, which adds computer-generated content to child pornography laws.