You don’t have the right to share all of your explicit videos and photos, even if you took them yourself. Mobile phones and internet connectivity have made it easier than ever for people to connect with one another, and some of what people share can later cause problems.
If you have to take a trip for work, your girlfriend could send you some racy pictures or even record a video for you. Those images and videos may seem like your possessions, but that doesn’t mean that you can share them. In South Dakota, it is actually a crime to show others an intimate video or photograph without the explicit consent of the other person.
Revenge porn is a criminal offense
Someone consenting to take a sexy photograph or allow you to record a video doesn’t mean you have absolute control over those images or video files. The other party still has a reasonable expectation of privacy regarding those files.
Sharing intimate images or videos of someone else could cause serious problems for that person, ranging from embarrassment to career consequences. Often, moments shared during a relationship can become powerful ammunition after a break-up. Lawmakers have addressed this issue by creating a law prohibiting the non-consensual sharing of intimate images.
You cannot disseminate them online or share them with other people unless you have the direct permission of the other person in those pictures or videos. If you share them without the consent of the other party, you can face Class 1 misdemeanor charges. A conviction might mean up to a year in state custody and up to $2,000 in fines.
Understanding what actions constitute different internet sex crimes in South Dakota can help you avoid criminal charges.