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Bill banning AI-generated child pornography, adding mandatory minimums passes Senate panel – South Dakota Searchlight

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Bill banning AI-generated child pornography, adding mandatory minimums passes Senate panel – South Dakota Searchlight


A bill that would adjust South Dakota law on child pornography includes provisions barring the possession of sexually explicit deep fakes of real children or artificial intelligence-generated children.

Senate Bill 79 passed out of the Senate Judiciary Committee unanimously on Monday, supported by its sponsors and by Attorney General Marty Jackley. Jackley started the 2024 legislative session with a bill to ban deep fakes and AI-generated child pornography, but deferred to Sen. David Wheeler, R-Huron, after learning that SB 79 would include those provisions. The main sponsor of Wheeler’s bill in the House is Rep. Fred Deutsch, R-Florence.

Criminal cases point to troubling spread of computer-generated child pornography

“Deep fakes” are images or videos that affix the faces of real people to sexually explicit content. The AI-generated pornography barred by the bill involves imagery that mirrors child pornography but is not designed to resemble specific children.

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Both types of content are legal under South Dakota law at the moment. Cases involving computer-generated child porn in the state are currently handled by federal prosecutors, because federal law bars such imagery.

Wheeler’s bill was amended in the committee to include definitions for computer-generated child pornography, which would allow prosecutors to pursue charges for its possession as they would with real imagery or videos.

That language is just a small part of the bill’s provisions, however.

The primary goal of the bill is to differentiate between the possession, distribution and manufacturing of child pornography. Under current law, all three crimes are class four felonies, punishable by up to 10 years in prison.

That’s not the right way to attend to those kinds of crimes against children, Wheeler told the committee.

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“Those are three separate crimes, and those are three separate ways of victimizing an individual,” Wheeler said.

The bill would:

  • Boost the felony class for the manufacture of child pornography to a class two, punishable by up to 25 years in prison, with a 10-year mandatory minimum. 
  • Boost the felony class for the distribution of child pornography to class three, punishable by up to 15 years in prison, with a mandatory minimum of five years.
  • Add a mandatory minimum one-year sentence for the possession of child pornography, which would remain a class four felony.
  • Make it a misdemeanor for an adult to share sexual images with a minor with whom they’re involved sexually, but specify that those images won’t be the basis for a felony child pornography charge.
  • Prevent minors from being charged with child pornography possession for taking naked pictures of themselves.
  • Prevent people from defending themselves in child porn cases by arguing that the child or parent consented to its production, possession or distribution.

The bill was supported the state’s prosecutors and human trafficking advocates. The bill passed out of committee on a unanimous vote, and will now move on to the full Senate.

 

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South Dakota

South Dakota’s lean fiscal budget sees ‘flat’ revenues, sales tax dip

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South Dakota’s lean fiscal budget sees ‘flat’ revenues, sales tax dip


PIERRE — Gov. Larry Rhoden’s first budget address as governor is in the books.

And it was a “straightforward” budget without many surprises, as multiple lawmakers told the Argus Leader.

Rhoden presented his recommended budget Dec. 2 for South Dakota’s fiscal year 2027 at the State Capitol Building.

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The Republican governor asked lawmakers to budget $7.44 billion in state fiscal year 2027, up from the $7.28 billion recommended by former Gov. Kristi Noem for FY2026. FY2027 is split between about 34% state funds, 42% federal funds and 23% funds marked as “other.”

Rhoden is also leaving about $14 million for lawmakers to divvy up during the upcoming Legislative Session in January. And an additional 135 full-time staff have been recommended for the next fiscal year, up from a budgeted 14,095 in FY 2026.

But Rhoden, who is only serving a partial term as governor after having taken over the reins from Noem last January and now faces reelection in 2026, is taking on the state’s fiscal goals and ambitions amid slim revenue projections and realities.

“I won’t sugarcoat it: Revenues have been pretty flat – only rising slightly,” Rhoden told lawmakers during his address. “But we have to keep the context in mind. We’re coming off some of the strongest years in our state’s history – or in any state’s history. Our economic growth may have slowed, but we’re comparing that to the fastest growth that South Dakota has ever seen.”

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Ongoing sales and use tax collections suffered in FY25 before bounce back

More than half of the state’s overall revenue picture is made up of an ongoing sales and use tax, which saw a fiscal year-to-year decrease.

South Dakota FY2025 collected about $1.43 billion from the state sales and use tax — a 1.5% decrease compared with FY2024. Data from the state’s Bureau of Finance & Management indicates several months measured in FY2025 saw dips in sales and use tax growth.

The Rhoden budget estimates the FY2026 collections will reach about $1.5 billion and $1.56 billion in FY2027.

State sales and use tax revenue has seen month-to-month growth since June, with a more-than-8% increase in October.

“We’ll be getting November numbers any day now,” Rhoden said. “Year-to-date, we’re about where we want to be. 4% to 5% growth is pretty typical for South Dakota, but it also means we don’t have a ton of headroom.”

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South Dakota’s farm sector sees impacts of Trump tariffs; Rhoden says to ‘pray for rain’

Recent data shows the Midwest has seen economic swings in the agriculture and commodity markets — and Rhoden had to acknowledge it, at least in part.

According to a recent study by The Dakota Institute, a nonprofit economic research firm, South Dakota saw its real gross domestic product (GDP) shrink by 3.1% in Q1 of 2025 — neighboring states saw similar impacts.

It later rebounded in South Dakota with 5.2% annualized growth in Q2 of 2025. But President Donald Trump’s tariff strategy and an international trade war underlined the volatile nature of in the state’s corn, soybean and wheat prices, which have dropped since to lowest prices in years, while U.S. beef cattle prices are at record highs.

“The weakness reflected ongoing pressures from trade disruptions through the implementation of tariffs and a mass renegotiation process of multiple trade agreements,” The Dakota Institute’s study indicated. “This volatility — contraction followed by robust recovery within six months — underscores both the region’s vulnerability to external shocks and its capacity to bounce back when conditions stabilize.”

“When ag does well, the state does well,” Rhoden said. “But when ag struggles, our growth tends to slow down … Historically, there’s been a correlation between our sales tax collections and farm income. So let’s pray for rain and for President Trump to be successful in his trade negotiations.”

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Medicaid spending overtakes K-12 dollars in FY27

Medicaid, one of South Dakota’s largest fiscal responsibilities, has grown “far faster than any other area of the budget,” Rhoden said.

“In fact,” Rhoden added, “for the first time in state history, Medicaid is a bigger share of the general fund than K-12 education.”

According to the BFM, the state’s Medicaid budget has grown by $360 million since 2020 to $758 million. Rhoden budgeted $725 million for K-12 education.

The state’s share of the Federal Medical Assistance Percentage, which determines matching each state’s federal match, now represents $105 million. South Dakota’s coverage share went up by 0.86%, from 48.47% to 49.33%.

State employees won’t see budgeted raises in next fiscal year

Breaking from his predecessor, who pushed for state employee raises during her tenure as governor, Rhoden revealed that employees for the state won’t see a baseline raise to their salaries in FY2027.

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Rhoden said the state budget includes a “modest investment in our State Employee Health Plan,” specifically a $3 million investment in health plan reserves. The Republican governor added there are also “plan changes” in the works to prevent employees’ healthcare costs from going up, “since we won’t be able to give them a raise this year.”

But Eric Ollila, executive director and lobbyist for the South Dakota State Employees Organization, told the Argus Leader following the budget address that Rhoden’s budget picture doesn’t account for healthcare deductibles.

Ollila also said the “plan changes” that Rhoden teased were too vague for his liking. He later expressed concern that the changes would be passed through to state employees.

“What it’s not going to do is save employees 100% of the healthcare costs,” Ollila said.

Rhoden recommends raising reserve allocation to 12.5%

Rhoden plans to increase the state’s budget reserve from 10% to 12.5%

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The governor attributed his desire to raise reserves based on “continued slower revenue growth and weakness in the farm sector.”



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South Dakota

Call for artists to create art for South Dakota State Buildings Program

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Call for artists to create art for South Dakota State Buildings Program


RAPID CITY, S.D. (KOTA) – The South Dakota Arts Council is seeking submissions for the Art for State Buildings Program. South Dakota artists have until March 1, 2026, to submit purchase proposals for consideration.

The Art for State Buildings program was created for the purpose of creating a permanent collection for the State of South Dakota and exhibiting the work of talented South Dakota artists in areas of state government buildings with public access. Work purchased will be installed in public access areas of the Capitol and other state buildings in Pierre.

Any South Dakota artists whose body of work has contributed to the state’s cultural heritage and development are encouraged to submit their work. Artists may propose one artwork for purchase.

Proposals will be reviewed by an advisory committee to the South Dakota Arts Council.

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Selection will be based on:

  • Quality of the proposed work and relevance to the artist’s career;
  • The artwork’s relevance to South Dakota’s environment, history, heritage, or culture;
  • The applicant’s professional arts experience; and
  • Physical attributes of the artwork regarding durability and safety in a public setting

Submissions must be received through the South Dakota Arts Council’s online Artwork Archive platform. The complete request for proposal and submission instructions are posted at https://artscouncil.sd.gov/directories/artstatebldgs.aspx. For assistance call 605-773-3102 or email sarah.carlson@state.sd.us.

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South Dakota

SD Department of Corrections announces high-risk offender release

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SD Department of Corrections announces high-risk offender release


SIOUX FALLS, S.D. (Dakota News Now) – The South Dakota Department of Corrections is warning the public about the pending release of a prison offender.

Richie Desersa, 31, is scheduled to be released from prison to suspended sentence supervision on December 3, 2025.

SD Department of Corrections announces high-risk offender release(Dakota News Now)

He was convicted of third-degree burglary in 2017 in Minnehaha County.

“Based on the assessments we conduct during incarceration, as well as his criminal history, including prior sex offenses, Offender Desersa is considered to be high-risk for committing additional violent acts in the future,” said Lamb.

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“I am issuing this alert to let law enforcement and the public know about his release.”

Desersa will be released to Sioux Falls with GPS monitoring and must participate in treatment.

He is a Native American male, 5′11″ tall, weighing around 190 pounds, with black hair and brown eyes.

This notification is in addition to the letters currently sent to law enforcement and notices provided to the Division of Criminal Investigation each month.

Since 2011, the Department of Corrections has issued a total of 21 public notices of pending high-risk offender releases.

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