Sexual exploitation of a minor--Felonies--Assessment

SDCL § 22-22-24.3, under SEX OFFENSES.

SDCL § 22-22-24.3

A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that: (1) Is harmful to minors; (2) Involves nudity; or (3) Is obscene. Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section. A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony. The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section. Source: SL 2002, ch 109 , § 8; SL 2005, ch 120 , § 401; SL 2006, ch 121 , § 7. 22-22-24.4 22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006.