SD Election Deepfake Law
South Dakota Political Deepfake Disclosure Law (2025)
South Dakota · SD SB 164 (2025); signed Mar. 31, 2025; eff. July 1, 2025
- Status
- In effect
- Took effect
- July 1, 2025
- Applies to
- Anyone distributing AI-manipulated political media in South Dakota
- Enforced by
- South Dakota Attorney General; state prosecutors
South Dakota requires that intentionally harmful, unlabeled AI deepfakes of politicians distributed within 90 days of an election carry an AI-manipulation disclosure; violators face civil and criminal liability. Broadcasters, newspapers, websites, and radio stations are exempt, as are satire and parody.
Who is protected: South Dakota candidates and voters
Legal detail
SB 164 (2025), sponsored by Sen. Liz Larson; signed by Gov. Larry Rhoden Mar. 31, 2025, effective July 1, 2025. Requires a prescribed AI-disclosure label on election deepfakes within the 90-day window; civil and criminal liability (reported as a Class 1 misdemeanor: up to 1 year, $2,000). Passed Senate 32-3, House 45-24.
Key facts
| Jurisdiction | South Dakota |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | March 31, 2025 |
| Citation | SD SB 164 (2025); signed Mar. 31, 2025; eff. July 1, 2025 |
| Penalties | Civil and criminal liability; reported as a Class 1 misdemeanor (up to 1 year, $2,000 fine) |
| Topics | deepfakes · election deepfakes · AI-generated images · AI disclosure and transparency |
| Legal analysis | South Dakota Cracks Down on Unlabeled Deepfakes in Elections — Akin |
More AI rules in South Dakota
- SD AI CSAM Law · In effect
- State of South Dakota Generative Artificial Intelligence Guidelines &… · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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