Defines "computer-generated child pornography" to include AI-generated images indistinguishable from minors in sexual acts. Criminalizes possession, distribution, and manufacturing of such content, with severe felony penalties. Prohibits defenses based on consent or age mistake. Recognizes mitigating sentencing circumstances.
Analysis summaries, actor details, and coverage mappings were LLM-classified and may contain errors.
This is a binding state statute with mandatory criminal penalties, enforcement through the criminal justice system, and explicit felony classifications with mandatory minimum sentences.
The document primarily addresses risks related to malicious actors (4.3 Fraud, scams, and targeted manipulation) through criminalization of AI-generated child pornography. It has minimal coverage of AI system safety failures (7.3 Lack of robustness) through implicit recognition that AI systems can create harmful content. The document does not substantively address governance structures, discrimination, privacy, misinformation, or other risk domains.
This criminal statute applies across all sectors where individuals or organizations might create, possess, or distribute AI-generated child pornography. It is sector-agnostic criminal law that would apply to any person or entity regardless of industry. The law primarily governs individual conduct rather than specific economic sectors.
The document does not explicitly address specific AI lifecycle stages. It focuses on criminalizing the outputs (AI-generated child pornography) rather than regulating the development, deployment, or operation of AI systems. The legislation is output-focused rather than process-focused.
The document explicitly mentions artificial intelligence and computer technology in the context of creating visual depictions. It does not reference AI models, AI systems, or any specific categories of AI (frontier, general purpose, task-specific, foundation models, generative AI, etc.). No compute thresholds or open-weight models are mentioned.
South Dakota Legislature
The document is a legislative act enacted by the South Dakota Legislature, as indicated in the enacting clause.
South Dakota courts; South Dakota Department of Corrections
The sentencing court and Department of Corrections are explicitly mentioned as enforcement entities responsible for sentencing, assessment, and supervision of offenders.
South Dakota courts
The sentencing court has monitoring responsibilities including ordering assessments and determining mitigating circumstances for sentencing departures.
The law targets any person who creates, possesses, or distributes AI-generated child pornography. This includes AI developers who create such content, users who possess it, and potentially affected stakeholders (minors depicted). The broad term 'person' is defined to include individuals, firms, corporations, and other entities.
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