Your Legal Rights as an NCII Victim in South Dakota

South Dakota NCII Law Overview

Applicable statute: South Dakota Codified Laws § 22-21-4 (Distribution of Intimate Images Without Consent)

Criminal penalty: Class 1 misdemeanor (up to 1 year in jail and $2,000 fine)

Civil remedies: actual damages and injunctive relief

South Dakota's NCII statute provides Class 1 misdemeanor protections for intimate image abuse victims. South Dakota victims should pursue both state criminal remedies and federal TAKE IT DOWN Act platform removal for comprehensive protection.

Your Rights in South Dakota

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal complaint
• Right to civil actual damages and injunctive relief

How to File in South Dakota

File a police report with local law enforcement or the South Dakota Division of Criminal Investigation. Civil claims are filed in Circuit Court.

Local Support Resources

• South Dakota Coalition Ending Domestic and Sexual Violence, sdcedsv.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to South Dakota state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.