South Dakota
Abortion rights supporters in South Dakota blast state's video of abortion laws
A newly released, state-produced video intended to help doctors comply with South Dakota’s strict abortion law isn’t specific enough to ensure health care professionals don’t violate the regulations and open themselves up for prosecution, a group of abortion rights supporters said Friday.
But supporters of the video, which was mandated by the Legislature and funded by taxpayers, said the roughly six-minute video posted Wednesday to YouTube is exactly what lawmakers demanded and gives clear guidance to physicians.
South Dakota outlaws abortion as a felony crime except to save the life of the mother. But a ballot measure seeks to add abortion rights to the state constitution — one of nine states that will vote on similar measures in November. The abortion rights side has prevailed in all seven states with abortion-related ballot measures since the fall of Roe v. Wade in 2022.
“I think it would be foolhardy for a doctor to use this video as a guide to navigating the waters of our medical landscape after the abortion ban,” said Dr. Marvin Buehner, a recently retired, longtime OB/GYN. He said the video offers no guidelines or clarity and doesn’t help physicians practice medicine in South Dakota.
In the video, Department of Health Secretary Melissa Magstadt talks about the law and a “non-exhaustive list of conditions that could necessitate ending a pregnancy pre-viability.”
“The key for a physician to ensure they are practicing within the bounds of the law is to document their decision-making process and how that led to their recommended course of treatment,” she said.
The video includes a disclaimer saying the video is not legal advice, any legal questions should be referred to an attorney, and the video and its content are not legally binding.
Supporters of the South Dakota measure say the video is political cover for anti-abortion opponents to the ballot measure. They also said the video lists exceptions and words not in the law. The secretary’s video statements are meaningless, they said, because she has no legal authority, and due to the disclaimer.
“How can doctors rely on this if they’re prosecuted for doing something that the video suggests they can do, and they can’t use the video in their defense? It’s absolutely a joke,” said Nancy Turbak Berry, a lawyer and Democratic former lawmaker supporting the measure. She and Buehner held a news conference Friday about the video.
She said she senses the state is embarrassed or concerned about the abortion law’s effects because the secretary’s statements, “apparently trying to smooth off some of the rough edges of our extreme abortion ban,” suggest things no prosecutor would agree are legal.
The video notes that its collaborators included the health department, the state attorney general’s office, the American Association of Pro-Life OB/GYNs and several OB/GYNs practicing in South Dakota.
Republican state Rep. Taylor Rehfeldt, the bill’s prime sponsor, said she believes the video provides clear guidance for health care providers. She called the legal disclaimer “a standard component.”
“The purpose of the video is not to serve as legal advice but to ensure that providers have a clear, step-by-step process for making medical decisions in these critical situations,” she said via text message.
The South Dakota ACLU opposed her bill. The video is from a “do-nothing law” that won’t help anyone or even require anyone to view it, South Dakota ACLU Advocacy Manager Samantha Chapman said.
“It just exists on a website, and that’s the end of the story. Unfortunately, that’s not the end of the story for people who are trying to survive through South Dakota’s draconian abortion ban,” she said.
Abortion laws in other states have been criticized as being unclear. Earlier this year, the Texas Supreme Court upheld the state’s abortion law and ruled against opponents who said the law is too vague about its medical exceptions.
In North Dakota, the former sole abortion clinic in the state and several doctors who are challenging the state’s abortion ban say the law is unconstitutionally vague as to its exceptions.
___
Dura reported from Bismarck, North Dakota.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 4, 2026, results for each game:
Winning Powerball numbers from March 4 drawing
07-14-42-47-56, Powerball: 06, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from March 4 drawing
33-38-39-47-51, Star Ball: 07, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from March 4 drawing
02-18-22-30-32
Check Dakota Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from March 4 drawing
12-13-36-39-58, Bonus: 03
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
PIERRE — A bill from South Dakota Attorney General Marty Jackley to criminalize the creation or sharing of deepfakes was amended this week to more clearly define what constitutes nudity before it reaches Gov. Larry Rhoden’s desk.
The amendment, added on the floor of the House of Representatives, came in response to concerns about unintended consequences.
Senate Bill 41 creates a class of felony crime for the creation or distribution of images digitally altered to depict a person in a state of nudity or involved in a sexually explicit act, commonly referred to as deepfakes.
In testimony in the House Judiciary Committee on Monday in Pierre, Jackley pointed to the case of Mark Rathbun, a former Division of Motor Vehicles employee who is accused of taking images of women and girls from state databases and creating sexual images.“This is real, and it’s something that we unfortunately are seeing happen in our state,” Jackley said.
The judiciary committee voted 8-3 to send the bill to the House floor but not before a discussion on its potential to criminalize political memes.
The bill’s definition of nudity originally encompassed a partial state of nudity. Fort Pierre Republican Rep. Will Mortenson asked Jackley if that would include a fabricated topless photo. Jackley said yes. Then Mortenson asked if a fabricated image of Democratic Illinois Gov. J.B. Pritzker without a shirt, if shared by President Donald Trump on social media, would put the president in line for felony charges.
Jackley said a Pritzker image wouldn’t qualify because Pritzker is male, but Mortenson pushed back.
He noted that partially nude fabrications would be a felony if done with the intent to “self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual.”
Nothing in the bill specified that a person in a digitally fabricated topless image must be female.
“We just said that half-nude is a state of nudity, and so now he’s shirtless, and the point of this is to embarrass this guy,” Mortenson said of his topless Pritzker meme scenario.
Mortenson voted against the bill in committee but brought an amendment Tuesday to define nudity as inclusive of male or female genitalia, buttocks or the female nipple.
The amendment passed, but it did not address every concern about the bill.
Democratic Rep. Kadyn Wittman of Sioux Falls asked Jackley during the bill’s committee hearing why he didn’t use it to enhance penalties for people who film others in states of undress or participating in sexual activity against their will.
That behavior is a felony if it involves the recording of a minor, or if it happens repeatedly. The new penalties for deepfakes would be added to the same chapter of South Dakota law.
“Why is the first time hidden recording a misdemeanor generally, but a digitally fabricated image would automatically be a classified felony,” said Wittman.
Jackley said he feels that the creation of digitally manipulated sexual images, even if they aren’t shared, signals “significant criminal intent.” He told South Dakota Searchlight after the committee meeting that he’s open to addressing that issue, but that SB 41’s primary purpose was to target deepfakes.
On the House floor, Wittman was one of two representatives to say the bill’s felony penalties could be unnecessarily harsh in instances where young people make “a stupid decision” and create a deepfake.
“I feel like, in a lot of situations, this bill covers behavior that could be covered by a lower level of offense,” Wittman said.
Supporters countered that the creation of fake nudes can do real psychological damage to real people, and that the state needs to clearly signal that doing so is a serious crime.
“It’s only fun and games until it happens to you,” said Rep. Mary Fitzgerald, R-St. Onge.
The bill passed the House 60-6. It now moves to the state Senate, which passed the bill 32-0 on Jan. 16. The Senate would need to approve the amended version of the bill before it could be delivered to Gov. Larry Rhoden to sign or veto.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 3, 2026, results for each game:
Winning Mega Millions numbers from March 3 drawing
07-21-53-54-62, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Millionaire for Life numbers from March 3 drawing
09-10-13-25-54, Bonus: 05
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
Detroit Tigers 2026 roster prediction 2.0: Is Kevin McGonigle ready?
Latest California-based gig work app lets people book content creators, editors
Study says the real value of a $100K salary in Dallas is…less than that
Miami’s own Marcello Hernandez delivers special tribute to former teacher on SNL
When did Southie get richy-rich? – The Boston Globe
Florida High School Football Rankings: Top 25 teams – Oct. 21
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
99th annual Pony Swim held in Virginia
Indiana Members Credit Union announced as new anchor tenant at Bottleworks District
DHS defends McLaughlin against allegations husband’s company profited millions from ad contracts: ‘Baseless’
Fareed Zakaria’s takes on Trump and the collapse of nuclear stability
Sánchez defies Trump in political gamble as Madrid say no to war
Satellite images show Iran school strike hit more buildings than earlier reported
US submarine sinks Iranian warship by torpedo in a first since World War II
-
World1 week agoExclusive: DeepSeek withholds latest AI model from US chipmakers including Nvidia, sources say
-
Massachusetts1 week agoMother and daughter injured in Taunton house explosion
-
Wisconsin3 days agoSetting sail on iceboats across a frozen lake in Wisconsin
-
Maryland4 days agoAM showers Sunday in Maryland
-
Denver, CO1 week ago10 acres charred, 5 injured in Thornton grass fire, evacuation orders lifted
-
Florida4 days agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Massachusetts2 days agoMassachusetts man awaits word from family in Iran after attacks
-
Oregon6 days ago2026 OSAA Oregon Wrestling State Championship Results And Brackets – FloWrestling