South Dakota 2024 Senate Bill 79

• Authority: South Dakota
• Parent authority: State governments
• Jurisdiction: United States
• Collections: U.S. state and local documents
• Most recent activity: Enacted
• Most recent activity date: 2024-02-06

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

• Exposure to toxic content
• Fraud, scams, and targeted manipulation

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.3 Fraud, scams, and targeted manipulation) through criminalization of AI-generated child pornography. It has minimal coverage of AI system safety failures (7.3 Lack of robustness) through implicit recognition that AI systems can create harmful content. The document does not substantively address governance structures, discrimination, privacy, misinformation, or other risk domains.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Information
• Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

This criminal statute applies across all sectors where individuals or organizations might create, possess, or distribute AI-generated child pornography. It is sector-agnostic criminal law that would apply to any person or entity regardless of industry. The law primarily governs individual conduct rather than specific economic sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute with mandatory criminal penalties, enforcement through the criminal justice system, and explicit felony classifications with mandatory minimum sentences.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: South Dakota Legislature
• Summary: The document is a legislative act enacted by the South Dakota Legislature, as indicated in the enacting clause.

Target

• Entity Types: AI_Developer, AI_User, Affected_Stakeholder
• Summary: The law targets any person who creates, possesses, or distributes AI-generated child pornography. This includes AI developers who create such content, users who possess it, and potentially affected stakeholders (minors depicted). The broad term 'person' is defined to include individuals, firms, corporations, and other entities.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: South Dakota courts; South Dakota Department of Corrections
• Summary: The sentencing court and Department of Corrections are explicitly mentioned as enforcement entities responsible for sentencing, assessment, and supervision of offenders.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: South Dakota courts
• Summary: The sentencing court has monitoring responsibilities including ordering assessments and determining mitigating circumstances for sentencing departures.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Build and Use Model

AI Lifecycle Summary

The document does not explicitly address specific AI lifecycle stages. It focuses on criminalizing the outputs (AI-generated child pornography) rather than regulating the development, deployment, or operation of AI systems. The legislation is output-focused rather than process-focused.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• Generative AI

Technical Scope Summary

The document explicitly mentions artificial intelligence and computer technology in the context of creating visual depictions. It does not reference AI models, AI systems, or any specific categories of AI (frontier, general purpose, task-specific, foundation models, generative AI, etc.). No compute thresholds or open-weight models are mentioned.