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South Dakota Bans Creation and Sharing of Deepfake Porn
New law makes it a felony to generate, possess or distribute non-consensual deepfake sexual content
Mar. 18, 2026 at 11:48am
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South Dakota Republican Governor Larry Rhoden has signed a new law that makes it a felony crime to create, possess or share computer-generated 'deepfake' pornography of unwilling individuals. The law, proposed by Attorney General Marty Jackley, is part of a broader package of public safety bills signed on Monday. The deepfake porn law carries a penalty of up to two years in prison.
Why it matters
The new law reflects the growing threat of deepfake technology, which can be used to generate highly realistic but non-consensual pornographic content. This type of abuse has become an increasing concern as AI and generative technology advances. The law aims to protect victims and hold perpetrators accountable.
The details
The deepfake porn law is an addition to South Dakota's existing law on non-consensual recording and photographing, which carries a maximum penalty of one year in jail. Under the new law, creating, possessing or sharing deepfake porn of non-consenting adults will be a higher-level felony crime punishable by up to two years in prison. The law takes effect on July 1.
- The bill was signed into law by Governor Rhoden on Monday, March 18, 2026.
- The deepfake porn law will take effect on July 1, 2026.
The players
Larry Rhoden
The Republican Governor of South Dakota who signed the deepfake porn law.
Marty Jackley
The South Dakota Attorney General who proposed the deepfake porn law as part of a broader package of public safety bills.
Elon Musk
The billionaire who faced backlash last year when users of his X social media platform asked its AI tool to create and share non-consensual nude photos.
What’s next
The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.
The takeaway
This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.
