South Dakota § 21-67-4 - Exceptions to liability.
Full text of South Dakota South Dakota Codified Laws § 21-67-4 — Exceptions to liability., with citation guidance and answers to common questions.
§ 21-67-4. Exceptions to liability.
(a) In this section:
(1) "Child" means an unemancipated individual who is less than eighteen years of age;
(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.
(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:
(1) Made in good faith in:
(A) Law enforcement;
(B) A legal proceeding; or
(C) Medical education or treatment;
(2) Made in good faith in the reporting or investigation of:
(A) Unlawful conduct; or
(B) Unsolicited and unwelcome conduct;
(3) Related to a matter of public concern or public interest; or
(4) Reasonably intended to assist the depicted individual.
(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.
(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:
(1) Prohibited by law other than this chapter; or
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(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.
Source: SL 2020, ch 77, § 4.
Frequently Asked Questions About South Dakota § 21-67-4
What does South Dakota Codified Laws § 21-67-4 cover?
Section 21-67-4 ("Exceptions to liability.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-67-4?
A common citation format is "South Dakota Codified Laws § 21-67-4" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-67-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.