South Dakota House Passes Bill to Criminalize Malicious AI-Generated Porn

Legislation heads back to Senate after amendment limits scope to harassment and threats.

Published on Mar. 4, 2026

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The South Dakota House of Representatives has passed a bill that would criminalize the creation of AI-generated pornographic images, but only in specific cases of harassment, threats, or other damages. The amended bill, which now heads back to the state Senate, would make such actions a class five felony punishable by up to five years in prison and a $10,000 fine.

Why it matters

This legislation aims to address the growing problem of malicious actors using AI technology to create non-consensual and abusive pornographic content, which can cause significant harm to victims. However, the amendment narrows the scope to focus on the most egregious cases rather than an outright ban.

The details

The bill, which originally passed the Senate, was amended in the House to only apply if a person intentionally creates AI-generated porn for the purposes of harassment, threats, or other damages. This change was made to address concerns about potential overreach and free speech issues. The House passed the revised bill in a 60-6 vote before sending it back to the Senate for consideration.

  • The bill cleared the South Dakota House on March 4, 2026.
  • The bill now heads back to the state Senate for further consideration.

The players

South Dakota House of Representatives

The lower chamber of the South Dakota state legislature, which passed the amended bill.

South Dakota Senate

The upper chamber of the South Dakota state legislature, which must now decide whether to support the changes made to the bill.

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What they’re saying

“We must not let individuals continue to abuse technology to create non-consensual and abusive content that can ruin lives.”

— Representative Sarah Williamson, Bill Sponsor (dakotanewsnetwork.com)

What’s next

The South Dakota Senate will now consider the amended bill and decide whether to pass it in its current form.

The takeaway

This legislation represents a balanced approach to addressing the growing problem of malicious AI-generated porn, focusing on the most egregious cases while avoiding potential overreach or free speech concerns.