Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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It is a serious criminal offense to possess, manufacture, distribute, or sell child pornography. 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.
Code Section |
South Dakota Codified Laws section 22-24A-3: Possessing, Manufacturing, or Distributing Child Pornography |
What's Prohibited? |
A person is guilty of possessing, manufacturing, or distributing child pornography if the person:
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What Constitutes a "Prohibited Sexual Act?"
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A "prohibited sexual act" is any of the following:
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Penalties |
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. 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. |
Assessment |
Any person convicted of possessing, manufacturing, or distributing child pornography must undergo a psycho-sexual assessment. |
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.
State laws change frequently. For case specific information regarding South Dakota's child pornography laws contact a local criminal defense attorney.
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