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;(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 xual 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.
South Dakota Legal Code