S.D. Codified Laws § 21-67-4

Current through the 2024 Legislative Session
Section 21-67-4 - Exceptions to liability
(a) In this section:
(1) "Child" means an unemancipated individual who is less than eighteen years of age;
(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.
(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:
(1) Made in good faith in:
(A) Law enforcement;
(B) A legal proceeding; or
(C) Medical education or treatment;
(2) Made in good faith in the reporting or investigation of:
(A) Unlawful conduct; or
(B) Unsolicited and unwelcome conduct;
(3) Related to a matter of public concern or public interest; or
(4) Reasonably intended to assist the depicted individual.
(c) Subject to subsection (d), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 21-67-2, of the child.
(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:
(1) Prohibited by law other than this chapter; or
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

SDCL 21-67-4

SL 2020, ch 77, § 4.
Added by S.L. 2020, ch. 77,s. 4, eff. 7/1/2020.