Title 22 — CRIMES

Property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of § 23A-49-14 , and property described in subdivision (4) is subject to forfeiture under the terms of §

Any person who sells, or displays for sale, any book, magazine, pamphlet, slide, photograph, film, or electronic or digital media image depicting a minor engaging in a prohibited sexual act, or engaging in an activity that involves nudity, or in the simulation of any such act is …

It is a Class 4 felony for any person to: (1) Create a child-like sex doll; (2) Cause or knowingly permit the creation of a child-like sex doll; or (3) Knowingly distribute, sell, or display for sale, or otherwise disseminate a child-like sex doll. If a person is convicted of a s…

Any person entitled to bring an action under § 22-24A-8 may recover all of the following damages: (1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expe…

Two or more persons may join in one action under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, as plaintiffs if their respective actions have at least one common occurrence of proscr…

Any person against whom a judgment has been rendered under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 is not eligible to exempt any property, of wh…

Any action for damages under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury ca…

On motion by a governmental agency involved in an investigation or prosecution, any civil action brought under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, shall be stayed until the completion of the criminal inve…

Any person who is convicted of an offense under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 , or under 18 U.S.C. §§ 1466A, 1470, 1591, 2251, 2251A, …

Any person working at or for an internet service provider or other electronic communication service who has knowledge of or observes, within the scope of the person's professional capacity or employment, a visual depiction that depicts a minor whom the person knows or reasonably …

Any person working at or for a commercial film and photograph print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction that depicts a minor …

Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction of a minor whom the technician knows or reasonably shoul…

The provisions of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, licensed …

Terms used in §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, mean: (1) "Adult," any person eighteen years of age or older; (2) "Child pornography," any image or visual depiction of a minor engaged in prohibited sexu…

The provisions of §§ 22-22-24.3 , 22-24A-1 , 22-24A-1.1 , 22-24A-3.1 , 22-24A-5 , and §§ 22-24A-35 to 22-24A-37 , inclusive, do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or making of films, photographs, or other materials invol…

Source: SL 2002, ch 109 , § 7; SDCL, § 22-22-24.2; SL 2005, ch 120 , §§ 407, 409; SL 2006, ch 121 , § 6; SL 2024, ch 87 , § 15.

A person is guilty of possessing child pornography if the person knowingly possesses: (1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this secti…

A person is guilty of distributing child pornography if the person knowingly sells or distributes: (1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation …

A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of: (1) Any visual depiction of a minor engaged in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-ge…

Any conviction for, or plea of guilty to, an offense in another state that, if committed in this state, would be a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, must be used to determine if the violation being charged is a second or subsequent offense. Source: SL 2024, ch 8…

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating §§ 22-24A-35 to 22-24A-37 , inclusive. Source: SL 2024, ch 87 , § 6.

Terms used in § 22-24A-5 mean: (1) "Minor," a person fifteen years of age or younger; and (2) "Solicit," to seduce, lure, entice or persuade, or attempt to seduce, lure, entice or persuade a specific person by telephone, in person, by letter, by using a computer or any other elec…

Consent to performing the 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 §§ 22-24A-35 to 22-24A-37 , inclusive. Source: SL 2024, ch 87 , § 7.

It is an affirmative defense to a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, that the visual depiction is of the person charged and no other person appears in the visual depiction. Source: SL 2024, ch 87 , § 8.

The sentencing court may impose a sentence other than that required by §§ 22-24A-35 to 22-24A-37 , inclusive, if the court finds that mitigating circumstances exist that require a departure from the mandatory sentence imposed by §§ 22-24A-35 to 22-24A-37 , inclusive. The court sh…

A person is guilty of solicitation of a minor if the person eighteen years of age or older: (1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or (2) Knowingly compiles or transmits by means of a computer; or prints, …

Any person, not a citizen or resident of this state, whose actions or conduct constitute a violation of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 …

Any person, except a minor, who knowingly participates in any conduct proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, is liable for civil damages. Source: SL 2002, ch 109…

Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , 22-49-1 to 22-49-3 , inclusive, and 43-43B-1 to 43-43B-3 , inclusive: (1) The child; (2) Any …

Any person entitled to bring an action under § 22-24A-8 may seek damages from any person, except a minor, who knowingly participated in the production or in the chain of distribution of any visual depiction proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 ,…