SDCL § 12-26-36: Deepfake--Civil liability--Burden of proof--No limitation.
Where this section sits in the code
- TITLE 12. ELECTIONS
- CHAPTER 12-26. OFFENSES AGAINST THE ELECTIVE FRANCHISE
A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the person knowingly made use of a deepfake by clear and convincing evidence in any action brought pursuant to this section.
Nothing in this section limits any other cause of action from being brought against a person who disseminates a deepfake in violation of § 12-26-33.
Collected 2026-09-03T15:18:56Z. Source file · JSON