{"data":{"id":"us-sd/sdcl-23-5-7","jurisdiction":"us-sd","citation":"SDCL § 23-5-7","heading":"Identification records to be filed and preserved--Restrictions as to use.","body":"Any department or institution that makes or takes any photograph, impression, measurement, description, or record including confidential criminal investigative information, taken or made as provided for in § 23-5-6 shall be filed and preserved by the department or institution. The department or institution may not publish, transfer, or circulate any impression, measurement, description, record, or photograph, except a criminal booking photograph, for a crime classified as a felony pursuant to § 22-6-1 outside the department or institution except to a duly authorized law enforcement officer. If the subject of a measurement, description, or other record becomes a fugitive from justice, or escapes from a penal institution then the measurement, description, or record may be exhibited to the public. This section does not apply to the release of information allowed pursuant to § 24-2-20. Any criminal booking photograph for a crime classified as a felony pursuant to § 22-6-1 is a public record pursuant to chapter 1-27.\nNothing in this section requires any law enforcement agency to provide or reproduce a criminal booking photograph older than six months from the date the criminal booking photograph was taken. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction pursuant to § 1-27-35.","path":["TITLE 23. LAW ENFORCEMENT","CHAPTER 23-5. CRIMINAL IDENTIFICATION"],"source_url":"https://sdlegislature.gov/Statutes/23-5-7","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"8d3ac5d4b4465f684cb90c1802c25ee014714880ab0e0fc41392ac044e39cd8a","source_id":"us-sd","stale":false,"prev":"us-sd/sdcl-23-5-6","next":"us-sd/sdcl-23-5-8"},"notice":"GroundRules: Original legal text. Not legal advice."}