Revenge Porn Laws in South Dakota: What Victims Need to Know in 2026

What South Dakota Law Says

South Dakota addresses revenge porn under South Dakota Codified Laws Section 22-21-4, which covers the dissemination of intimate images without consent. A first offense involving an adult is classified as a Class 1 misdemeanor. It is a Class 6 felony if the victim is 17 or younger and the offender is at least 21, and for any later violation. Creating or distributing digitally fabricated nude or sexual images of an identifiable person is a Class 5 felony.

A Class 1 misdemeanor in South Dakota carries penalties of up to one year in county jail and a fine of up to $2,000. A Class 6 felony carries up to two years in prison and a fine of up to $4,000. A Class 5 felony carries up to five years in prison and a fine of up to $10,000. The law criminalizes the nonconsensual distribution of intimate images and provides a legal framework for holding offenders accountable.

Review the statute at the South Dakota Legislature website.

What Counts as Revenge Porn in South Dakota

South Dakota's statute defines the offense through these elements. The image shows a person without clothing, under or through their clothing, or with another person in a sexual act. The offender intentionally disclosed, disseminated, distributed, or sold the image. This was done without the consent or knowledge of the person depicted. The offender acted with the intent to self-gratify, or to alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that person. A separate part of the section covers digitally fabricated nude or sexual images of an identifiable person.

The law covers all distribution methods, including social media platforms like Reddit and Instagram, websites, messaging services, email, and other electronic or physical means.

How to Report

South Dakota victims should follow these steps:

  1. Preserve all evidence — Screenshot images, save URLs, document account information, and keep all communications.
  2. File a police report — Contact your local police department, county sheriff, or the South Dakota Division of Criminal Investigation. Reference SDCL 22-21-4.
  3. Contact the state's attorney — Each county has a state's attorney who handles criminal prosecutions.
  4. Report to the FBI — File with the FBI IC3 for internet-based distribution.
  5. Seek a protection order — South Dakota courts can issue protection orders addressing harassment.

Limitations of Criminal Law

South Dakota's sparse population and rural geography mean that law enforcement resources for digital crimes are limited. The misdemeanor classification may result in lower prosecution priority. The criminal process takes time while images remain online.

A conviction does not trigger automatic content removal. Identifying anonymous offenders and handling cross-jurisdictional cases are significant challenges in this largely rural state.

Removing the Content

Content removal must be pursued independently and urgently.

The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee.

StopNCII.org provides a hashing tool that participating platforms use to block intimate images.

IntimaShield offers professional NCII removal services that file removal requests for the links in your case, report sites that ignore them to the companies they depend on, and file Google and Bing de-index requests. Follow-up continues while the content stays live. Monitoring of your names and handles is a separate Shield subscription.

See also: North Dakota's revenge porn law for a neighboring state comparison.

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