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South Dakota bills criminalizing AI child porn, xylazine, head to Noem’s desk

South Dakota is poised to update its laws against child sexual abuse images to include images created by artificial intelligence under a bill headed by Republican Gov. Kristi Noem.

The bill, co-authored by Republican Attorney General Marty Jackley and lawmakers, also includes deepfakes, which are images and videos that have been altered to look like real people.

Jackley said in an interview that some state and local investigations have required federal prosecutions because South Dakota’s law does not cover AI.

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The bill mandates minimum prison sentences of one, five, and 10 years for first-time offenses of possession, distribution, and manufacturing, respectively.

The Republican-controlled House passed the other bill on Monday by a vote of 64-1. The Republican-controlled Senate earlier passed the bill unanimously.

South Dakota Governor Kristi Noem will participate in a panel discussion on November 15, 2022 in Orlando, Florida. (AP Photo/Ferrand M. Ebenhack, File)

Another bill on Jackley’s legislative agenda that would make the animal sedative xylazine a controlled substance is also expected to be submitted to Noem.

Last year, the Office of National Drug Control Policy designated the combination of xylazine and the deadly fentanyl as an “emerging threat.” Jackley said xylazine “has become a national epidemic” and is occurring in South Dakota, primarily in Sioux Falls.

According to the Centers for Disease Control and Prevention, xylazine can cause health problems in humans, including difficulty breathing, dangerously low blood pressure, slowed heart rates, wounds that can lead to infections, and even death. .

The bill would authorize the veterinary use of xylazine, making possession and use of xylazine punishable by up to two years in prison, a $4,000 fine, or both.

The Senate unanimously passed the bill on Monday, following the House’s similar passage last month. The bill was introduced by the South Dakota Department of Health and Jackley.

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Noem highlighted the xylazine issue in her State of the Union address last month.

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