South Dakota Codified Laws 21-67-4. Exceptions to liability
(a) In this section:
(1) “Child” means an unemancipated individual who is less than eighteen years of age;
Terms Used In South Dakota Codified Laws 21-67-4
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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.
Source: SL 2020, ch 77, § 4.