South Dakota Codified Laws 21-67-2. Definitions
Terms used in this chapter mean:
(1) “Consent,” affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization;
Terms Used In South Dakota Codified Laws 21-67-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Sexual conduct: includes :
(A) Masturbation. See South Dakota Codified Laws 21-67-2
(2) “Depicted individual,” an individual whose body is shown in whole or in part in an intimate image;
(3) “Disclosure,” transfer, publication, or distribution to another person. Disclose has a corresponding meaning;
(4) “Identifiable,” recognizable by a person other than the depicted individual:
(A) From an intimate image itself; or
(B) From an intimate image and identifying characteristic displayed in connection with the intimate image;
(5) “Identifying characteristic,” information that may be used to identify a depicted individual;
(6) “Individual,” a human being;
(7) “Intimate image,” a photograph, film, video recording, or other similar medium that shows:
(A) The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(B) A depicted individual engaging in or being subjected to sexual conduct;
(8) “Person,” an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
(9) “Sexual conduct,” includes:
(A) Masturbation;
(B) Genital, anal, or oral sex;
(C) Sexual penetration of, or with, an object;
(D) Bestiality; or
(E) The transfer of semen onto a depicted individual.
Source: SL 2020, ch 77, § 2.