{"data":{"id":"us-sd/sdcl-21-67-4","jurisdiction":"us-sd","citation":"SDCL § 21-67-4","heading":"Exceptions to liability.","body":"(a) In this section:\n(1) \"Child\" means an unemancipated individual who is less than eighteen years of age;\n(2) \"Parent\" means an individual recognized as a parent under law of this state other than this chapter.\n(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:\n(1) Made in good faith in:\n(A) Law enforcement;\n(B) A legal proceeding; or\n(C) Medical education or treatment;\n(2) Made in good faith in the reporting or investigation of:\n(A) Unlawful conduct; or\n(B) Unsolicited and unwelcome conduct;\n(3) Related to a matter of public concern or public interest; or\n(4) Reasonably intended to assist the depicted individual.\n(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.\n(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:\n(1) Prohibited by law other than this chapter; or\n(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.\n(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.","path":["TITLE 21. JUDICIAL REMEDIES","CHAPTER 21-67. UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT"],"source_url":"https://sdlegislature.gov/Statutes/21-67-4","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"b2f047ee8c1ea561e9557aaaa074fcdb16daeeb2cd45dfa97e9f6fef4beb2487","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-21-67-3","next":"us-sd/sdcl-21-67-5"},"notice":"GroundRules: Original legal text. Not legal advice."}