South Dakota Child Pornography Laws

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| Last updated 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: 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?"	A "prohibited sexual act" is any of the following: 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	Any person convicted of possessing, manufacturing, or distributing child pornography must undergo a psycho-sexual assessment.

Selling Child Pornography

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.

Additional Resources

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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