South Dakota Child Pornography Laws

Code Section

What's Prohibited?

• Creates any visual depiction of a minor engaging in a prohibited sexual act (or in the simulation of such an act)
• 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
• 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)

What Constitutes a "Prohibited Sexual Act?"

• Actual or simulated sexual intercourse
• Sadism
• Masochism
• Sexual bestiality
• Incent
• Masturbation
• Sadomasochistic abuse
• Actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare female breasts in a lewd or lascivious manner
• 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
• Defecation or urination for the purpose of creating sexual excitement in the viewer, or
• Any act that constitutes battery or simulates that sexual battery is being or will be committed

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