Section 21-66-11 – Sanctions for failure to provide required information .
21-66-11. Sanctions for failure to provide required information. A plaintiff who fails to provide any information required under this chapter is subject to a sanction as provided in the South Dakota Rules of Civil Procedure and any other relief for a defendant that the court considers just and proper. Source: SL 2017, ch 94, §11.
Section 21-67-1 – Short title.
21-67-1. Short title. This chapter may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Source: SL 2020, ch 77, § 1.
Section 21-67-2 – Definitions.
21-67-2. Definitions. Terms used in this chapter mean: (1)”Consent,” affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization; (2)”Depicted individual,” an individual whose body is shown in whole or in part in an intimate image; (3)”Disclosure,” transfer, publication, or distribution to another person. Disclose has a corresponding meaning; (4)”Identifiable,” recognizable […]
Section 21-67-3 – Intentional disclosure of intimate images–Civil action.
21-67-3. Intentional disclosure of intimate images–Civil action. (a)In this section: (1)”Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2)”Private” means: (A)Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or (B)Made accessible through robbery, theft, bribery, extortion, fraud, […]
Section 21-67-4 – Exceptions to liability.
21-67-4. Exceptions to liability. (a)In this section: (1)”Child” means an unemancipated individual who is less than eighteen years of age; (2)”Parent” means an individual recognized as a parent under law of this state other than this chapter. (b)A person is not liable under this chapter if the person proves that disclosure of, or a threat […]
Section 21-67-5 – Plaintiff privacy.
21-67-5. Plaintiff privacy. In an action under this chapter: (1)The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under §15-15-11; (2)A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes […]
Section 21-67-6 – Remedies.
21-67-6. Remedies. (a)In an action under this chapter, a prevailing plaintiff may recover: (1)The greater of: (A)Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or (B)Statutory damages not to exceed ten thousand dollars against each defendant found liable […]
Section 21-66-2 – Sworn statement identifying asbestos trust claims to be provided to parties.
21-66-2. Sworn statement identifying asbestos trust claims to be provided to parties. Not more than one hundred twenty days prior to the date set for trial for each asbestos action filed in this state, the plaintiff shall provide each party with a sworn statement identifying any asbestos trust claim that has been filed by the […]
Section 21-66-3 – Contents of sworn statement.
21-66-3. Contents of sworn statement. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement under §21-66-2, the statement shall include: (1)The name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition […]
Section 21-66-4 – Availability of trust claims material–Supplementation .
21-66-4. Availability of trust claims material–Supplementation. The plaintiff shall make available to each party any trust claims material for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff’s behalf against an asbestos trust, including any asbestos-related disease. The plaintiff shall supplement the information and material provided pursuant […]