State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
549X0666 | HOUSE JUDICIARY ENGROSSED NO. HB 1243 - 02/17/2016 |
Introduced by: Representatives Gibson, Deutsch, Hawks, Holmes, Johns, Langer, Latterell,
McCleerey, Soli, Stevens, and Tulson and Senators Buhl O'Donnell,
Bradford, Hunhoff (Bernie), Parsley, and Peterson (Jim)
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FOR AN ACT ENTITLED, An Act to prohibit the unauthorized sharing of certain private
images on the internet.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-21-4 be amended to read:
22-21-4. No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.
Section 2. That chapter 22-21 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-21-4 be amended to read:
22-21-4. No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.
Section 2. That chapter 22-21 be amended by adding a NEW SECTION to read:
Nothing in this Act shall be construed to impose liability on a provider of an electronic
communication service, an information service, a mobile service, including a commercial
mobile service, a telecommunication service, an interactive computer service, or a cable service
as those terms are defined under federal law.