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S.D. Codified Laws § 12-26-36

Deepfake--Civil liability--Burden of proof--No limitation

Source: SL 2025, ch 68, § 5.

A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the person knowingly made use of a deepfake by clear and convincing evidence in any action brought pursuant to this section.

Nothing in this section limits any other cause of action from being brought against a person who disseminates a deepfake in violation of § 12-26-33.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.