Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-49-1 Prohibited conduct generally
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No person may knowingly recruit, entice, harbor, transport, provide, receive, purchase, advertise, maintain, solicit, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, forced labor, o…
SDCL § 22-49-3 Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses
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A person is guilty of human trafficking in the second degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in forced labor o…
SDCL § 22-49-4 Hiring person forced to engage in sexual activity--Felony
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It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in § 22-23-1.1 , if the person knew or should have known the other person was being forced to engage in the activity through human trafficking. Source:…
SDCL § 22-49-5 Torture of a human trafficking victim--Felony
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A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is…
SDCL § 22-49-6 Definition of terms--Torture
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Terms used in § 22-49-5 mean: (1) "Cruel," brutal, inhuman, sadistic, or that which torments; (2) "Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from: (…
SDCL § 22-49-7 Obstructing enforcement--Penalty
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Any person who obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of §§ 22-49-1 to 22-49-3 , inclusive, is guilty of a Class 4 felony. Source: SL 2025, ch 99 , § 4.