Title 22 — CRIMES

Repealed by SL 1968, ch 29 , § 16 22-24-4

A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly: (1) Exhibits such motion pict…

In any prosecution for disseminating material harmful to minors, it is an affirmative defense that: (1) The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or ap…

A person is guilty of a Class 1 misdemeanor if that person knowingly misrepresents that he or she is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors. Source: SL 1974,…

A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors. Source: SL 1974, ch 165 , § 19 (2); SL 1976, ch 158 , § 24-8 ; SL 2005, ch 1…

If more than one article or item of material prohibited under §§ 22-24-27 to 22-24-37 , inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article …

Repealed by SL 1976, ch 158 , § 24-11 22-24-36

22-24-38 22-24-38 to 22-24-51. Repealed by SL 1978, ch 178 , § 577 22-24-52 22-24-52 to 22-24-54. Repealed by SL 1978, ch 164 , §§ 9, 11, 13 22-24-55 Public school--Duty to limit minor’s access to obscene materials--Policy required--Publication--Appeal. 22-24-56 Public library--D…

The provisions of §§ 22-24-27 to 22-24-37 , inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs: (1) In the course of law enforce…

Repealed by SL 1972, ch 139 , § 1 22-24-5

Repealed by SL 1976, ch 158 , § 24-11 22-24-8

Each public school in the state shall: (1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or materials, as defined by § 22-24-27 , or purchase internet connectivity from an internet service provider that provides f…

Each public library in the state shall: (1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or material, as defined by § 22-24-27 , or purchase internet connectivity from an internet service provider that provides f…

No public school that complies with § 22-24-55 or any public library that complies with § 22-24-56 may be held liable for any damages that may arise from a minor gaining access to obscene materials through the use of a public access computer that is owned or controlled by the pub…

For the purposes of §§ 22-24-55 to 22-24-59 , inclusive, obscene material is defined pursuant to subdivision 22-24-27 (12). Source: SL 1999, ch 76 , § 4; SL 2005, ch 120 , § 314; SL 2025, ch 95 , § 3.

For the purposes of §§ 22-24-55 to 22-24-59 , inclusive, a public access computer is any computer that is located in a public school or public library. Source: SL 1999, ch 76 , § 5.

For the purposes of §§ 22-24-60 to 22-24-68 , inclusive, a prepaid adult entertainment card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more erotic or pornographic internet sites by means of a…

It is a Class 1 misdemeanor to sell, give, or distribute any prepaid adult entertainment card or any prepaid adult entertainment telephone card to any person under eighteen years of age. Source: SL 2002, ch 112 , § 2.

A prepaid adult entertainment telephone card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more adult entertainment telephone services for a predetermined number of minutes by means of a telepho…

Any person who knowingly participates in any conduct proscribed by §§ 22-24-60 to 22-24-68 , inclusive, is liable for civil damages. Source: SL 2002, ch 112 , § 4.

Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§ 22-24-60 to 22-24-68 , inclusive: (1) The victimized minor; (2) Any parent, legal guardian, or sibling of a victimized minor; or (3) Any person injured as a result …

Any person entitled to bring an action under § 22-24-64 may seek damages from any person who knowingly participated in the sale or in the chain of distribution of any prepaid adult entertainment card or any prepaid adult entertainment telephone card proscribed by §§ 22-24-60 to 2…

Any person entitled to bring an action under § 22-24-64 may recover 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 expenses, a…

Any action for damages under §§ 22-24-60 to 22-24-68 , inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§ 22-24-60 to 22-24-68 , inclusive. The knowledge of a parent, guardian, or custodia…

As a public nuisance, all prepaid adult entertainment cards and prepaid adult entertainment telephone cards are subject to seizure and destruction without compensation by any law enforcement agency with appropriate jurisdiction. Source: SL 2002, ch 112 , § 9.

A covered platform must implement reasonable age verification on the platform to verify the age of any individual who attempts to access material that is harmful to minors on the platform and prevent a minor's access to that material. A violation of this section is a Class 1 misd…

A covered platform or third party that performs the age verification required by § 22-24-69 , on behalf of a covered platform, may not sell or retain any identifying information of an individual collected by the covered platform or third party for the age verification. A violatio…

If a covered platform is not in substantial compliance with the requirements of § 22-24-69 or 22-24-70 , the attorney general must provide written notice to the covered platform before initiating an action pursuant to § 22-24-69 , 22-24-70 , or

Any covered platform found to be in violation of § 22-24-69 or 22-24-70 is subject to an injunction and liable for a civil penalty of not more than five thousand dollars for each separate instance that the covered platform fails to perform reasonable age verification. The civil p…

The provisions of §§ 22-24-69 to 22-24-72 , inclusive, do not apply to any general-purpose search engine, internet service provider or its affiliates or subsidiaries, or cloud service provider. Source: SL 2025, ch 95 , § 8.

July 1, 2006. 22-24-9 22-24-9 , 22-24-10. Repealed by SL 1976, ch 158 , § 24-11 22-24-11 22-24-11 to 22-24-24. Repealed by SL 1974, ch 165 , § 24 22-24-25 Municipal and county power to regulate obscene materials or obscene live conduct not preempted. 22-24-25.1 County or municipa…

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.

Source: SL 1994, ch 174 , § 1; SL 1995, ch 123 , § 1; SL 1997, ch 134 , § 1; SL 1998, ch 136 , § 4; SL 2002, ch 109 , § 11; SL 2002, ch 110 , § 1; SL 2003, ch 127 , § 4; SL 2004, ch 153 , § 1; SDCL § 22-22-30; SL 2005, ch 120 , §§ 415, 416; SL 2006, ch 123 , § 1; SL 2008, ch 110 …

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…