South Dakota Legislation on AI Child Porn, Xylazine Heads to Governor Noem

A bill in the direction of Republican Governor Kristi Noem would expand South Dakota’s regulations prohibiting images of child sexual abuse to include those generated by artificial intelligence.

Legislators and Republican Attorney General Marty Jackley have collaborated on the bill, which also addresses deepfakes—digitized images or videos that have been altered to resemble an actual individual.

Some state and local investigations have necessitated federal prosecution, according to Jackley in an interview, because South Dakota’s laws are not tailored to AI.

New Law Sets Mandatory Sentences for Offenses

The legislation stipulates minimum mandatory incarceration terms of one, five, and ten years, respectively, for first-time offenses of possession, distribution, and manufacturing.

On Monday, members of the House of Representatives, which is controlled by the Republicans, voted 64-1 to adopt the bill. A priori, the measure was unanimously passed by the Senate, which is dominated by Republicans.

The combination of lethal fentanyl and xylazine was identified as an emerging hazard by the Office of National Drug Control Policy last year. It has since been observed in South Dakota, specifically in Sioux Falls.

According to the Centers for Disease Control and Prevention, xylazine can induce breathing difficulties, critically low blood pressure, a slowed heart rate, infected wounds, and even fatalities in humans.

The bill, which authorizes xylazine for veterinary use, would impose possession and use penalties of up to two years in prison and/or a $4,000 fine.