South Dakota

Summary

South Dakota has no enacted AI-specific law governing chatbot disclosure, crawler or training-data rules, automated decision-making, or agentic transactions. The state's AI-behavior footprint consists entirely of synthetic-media (deepfake) rules: a 2025 election-deepfake disclosure law (Senate Bill 164, codified at South Dakota Codified Laws 12-26) and a 2026 nonconsensual-deepfake-pornography felony law (Senate Bill 41), both of which fall under the disclosure category. Two 2026 chatbot bills — Senate Bill 168 (minors-safety rules) and Senate Bill 170 (general consumer notice) — both died during the 2026 legislative session. In the absence of AI-specific rules, general consumer-protection enforcement, federal law such as the Computer Fraud and Abuse Act, and South Dakota's data-breach notification statute (South Dakota Codified Laws 22-40-19 through 22-40-26) provide the applicable background legal framework for AI-driven systems operating in the state.