South Dakota SB164: Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

What the bill says

An Act ENTITLED An Act to prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

From the enrolled text:

An Act ENTITLED An Act to prohibit the use of a deepfake to influence an election and to provide a penalty therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 12-26: Terms used in this Act mean: (1) "Artificial intelligence," any machine-based system that, for any explicit or implicit objective, infers from the inputs received by the system how to generate content, decisions, predictions, recommendations, or other outputs, which can influence physical or virtual environments; and (2) "Deepfake," any image, audio recording, or video recording created or manipulated with the use of artificial intelligence or other digital technology that is so realistic, a reasonable person would believe it depicts the speech or conduct of an actual individual who did not in fact engage in the speech or conduct. Section 2. That a NEW SECTION be added to chapter 12-26: No person, with the intent to injure a candidate, may disseminate a deepfake or enter into a contract or other agreement to disseminate a deepfake, within ninety days of an election, if the person knows or reasonably should know the item being disseminated is a deepfake and does not include with the deepfake the disclosure described in section 6 of this Act. A violation of this section …

Read the full official text

Sponsors

• Liz Larson (D, SD-010) · primary sponsor
• Eric Emery (D, HD-026)
• Scott Moore (R, HD-023)
• Erik Muckey (D, HD-015)
• Carl Perry (R, SD-003)
• Jamie Smith (D, SD-015)
• Nicole Uhre-Balk (D, HD-032)
• Mike Weisgram (R, HD-024)
• Kadyn Wittman (D, HD-015)

Votes

• Do Pass Amended (March 10, 2025): 45 yea, 24 nay, passed
• Do Pass (March 5, 2025): 13 yea, 0 nay, passed
• Do Pass Amended (February 25, 2025): 32 yea, 3 nay, passed
• Do Pass Amended (February 24, 2025): 8 yea, 1 nay, passed

Common questions

What is SB164?

SB164 is a bill in the South Dakota Legislature (100th Legislature (2025)): Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

What does SB164 do?

In its own words: An Act ENTITLED An Act to prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

What is the status of SB164?

Passed both chambers as of March 31, 2025.

Who sponsored SB164?

Liz Larson (D, SD-010), with 8 co-sponsors.

Where is the official record for SB164?

On the South Dakota Legislature website: https://sdlegislature.gov/#/Session/Bill/26046