{"id":376293,"date":"2016-04-11T01:23:54","date_gmt":"2016-04-11T06:23:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-child-pornography-laws.html"},"modified":"2016-06-20T19:51:23","modified_gmt":"2016-06-21T00:51:23","slug":"south-dakota-child-pornography-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-child-pornography-laws.html","title":{"rendered":"South Dakota Child Pornography Laws"},"content":{"rendered":"\n
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South Dakota Child Pornography Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It is a serious criminal offense to possess, manufacture, distribute, or sell child pornography<\/a>. In South Dakota, child pornography is defined as any image or visual depiction of a minor engaged in a prohibited sexual act. It is important to note that under South Dakota’s child pornography laws a "minor" refers to a person who is 15 years old or younger. The chart below outlines South Dakota’s main child pornography law.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

South Dakota Codified Laws section 22-24A-3: Possessing, Manufacturing, or Distributing Child Pornography<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

A person is guilty of possessing, manufacturing, or distributing child pornography if the person:
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  • Creates any visual depiction of a minor engaging in a prohibited sexual act (or in the simulation of such an act)<\/li>\n
  • Causes or knowingly permits the creation of any visual depiction of a minor engaging in a prohibited sexual act (or in the simulation of such an act), or<\/li>\n
  • Knowingly possesses, distributes, or otherwise disseminates any visual depiction of a minor engaging in a prohibited sexual act (or in the simulation of such an act)<\/li>\n<\/ul>\n<\/td>\n<\/tr>

What Constitutes a "Prohibited Sexual Act?"<\/b><\/p>\n

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A "prohibited sexual act" is any of the following:
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  • Actual or simulated sexual intercourse<\/li>\n
  • Sadism<\/li>\n
  • Masochism<\/li>\n
  • Sexual bestiality<\/li>\n
  • Incent<\/li>\n
  • Masturbation<\/li>\n
  • Sadomasochistic abuse<\/li>\n
  • Actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare female breasts in a lewd or lascivious manner<\/li>\n
  • Actual contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or a female’s breasts, with the intent to arouse or gratify the sexual desire of either party<\/li>\n
  • Defecation or urination for the purpose of creating sexual excitement in the viewer, or<\/li>\n
  • Any act that constitutes battery or simulates that sexual battery is being or will be committed<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Possessing, manufacturing, or distributing child pornography is a Class 4 felony that is punishable by up to 10 years in prison and a fine of $20,000.<\/p>\n

However, if an offender is convicted of a second (or subsequent) violation of this section within 15 years of the prior conviction, then the violation is a Class 3 felony and is punishable by up to 15 years in prison and a fine of $30,000.<\/p>\n<\/td>\n<\/tr>

Assessment <\/b><\/p>\n<\/td>\n

Any person convicted of possessing, manufacturing, or distributing child pornography must undergo a psycho-sexual assessment.<\/td>\n<\/tr><\/tbody><\/table>\n

Selling Child Pornography<\/h2>\n

In South Dakota it is also illegal to sell child pornography. Any person who sells (or displays for sale) a book, magazine, pamphlet, slide, photograph, film, or electronic image depicting a minor engaging in a prohibited sexual act, an activity that involves nudity, or in the simulation of such an act is guilty of a Class 6 felony. Class 6 felonies are punishable by two years in prison, and\/or a fine of $4,000.<\/p>\n

Additional Resources<\/h2>\n