SEPTEMBER 19, 2024: A 56 year old man from Aberdeen has been indicted on seven counts of computer-generated child pornography. South Dakota’s new law dealing with computer-generated child pornography went into effect July 1, 2024. Last week (Sept. 11, 2024), William Webster Bragg was indicted by a Brown County Grand Jury on one count of Distributing Child Pornography and six counts of Possessing Child Pornography. The crimes occurred on or about Aug. 13, 2024. Attorney General Marty Jackley says the law that he proposed and was passed earlier this year by state lawmakers, includes images and videos created using artificial intelligence. He says the law includes “deepfake” images or videos of an actual child that have been manipulated to make it look like the child was engaged in prohibited sexual acts. The provision was part of Senate Bill 79 which was approved by the 2024 Legislature and signed by the Governor. Bragg’s next court appearance is scheduled for Oct. 15, 2024. He has been released on a $30,000 cash bond. The defendant is presumed innocent under the U.S. Constitution. Distributing Child Pornography carries a maximum sentence of 15 years and a mandatory minimum sentence of five years, in the State Penitentiary. Possessing Child Pornography has a mandatory minimum sentence of one year and a maximum sentence of 10 years, in the State Penitentiary. The case was investigated by the South Dakota Division of Criminal Investigation (DCI), the state Internet Crimes Against Children (ICAC) unit, the FBI and the Brown County Sheriff’s Office. The Attorney General’s Office is prosecuting the case.   FEBRUARY 23, 2024: South Dakota Attorney General Marty Jackley has announced that all of the office’s legislative bills have now passed the state Legislature in some form and have been signed by Gov. Kristi Noem. The four bills become law on July 1, 2024. “We introduced these bills this session with the belief they were needed to protect law enforcement and the people of South Dakota,” said Jackley. “Thank you to the legislators and Gov. Noem for their support of this legislation.” The Attorney General’s Legislative package included: Senate Bill 79 revises various levels of the state’s child pornography crimes and includes the Attorney General’s Office’s Senate Bill 25 which makes Artificial Intelligence-generated child pornography a crime. The legislation, which is a combination of other bills on the same issue, was introduced by Sen. David Wheeler of Huron and Rep. Fred Deutsch of Florence with the involvement of the Attorney General’s Office. The bill was approved by the Senate and the House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24991 House Bill 1028 classifies Xylazine as a Schedule III controlled substance. The legislation still allows the drug to be used for its stated purpose as a veterinary drug. The bill was sponsored by the Attorney General’s Office and the state Department of Health. The bill passed both the House and Senate. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24718 Senate Bill 24 increases the maximum user fee for a participant voluntarily agreeing to wear a drug patch under the 24/7 sobriety program. The new patches cost more than current fee of $50 due to the increased cost of fentanyl testing. This proposal would raise the fee to no more than $70 for each drug patch that is attached, to be paid for by the participant. The bill passed both the Senate and the House. It was signed by the Governor on Feb. 5. https://sdlegislature.gov/Session/Bill/24891 Senate Bill 26 clarifies the membership of the five-member Open Meeting Commission to include Deputy State’s Attorneys as well. The bill passed both the Senate and the House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24893 Senate Bill 27 fixes a statutory conflict concerning removal from the sex offender registry. The bill was approved by the Senate and House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24894 House Bill 1028, the Xylazine bill, included an emergency clause that allowed the bill to go into effect once it was signed by the Governor.