South Dakota criminal charge
Hiring for sexual activity in South Dakota
Hiring for sexual activity is a criminal offense under South Dakota law, defined by SDCL § 22-23-9. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-23-9.
What is the penalty for hiring for sexual activity in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Hiring for sexual activity (first offense) — Applies when a person hires or attempts to hire another for a fee or other compensation to engage in sexual activity, without a qualifying prior conviction.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Hiring for sexual activity (first offense) — Applies when a person hires or attempts to hire another for a fee or other compensation to engage in sexual activity, without a qualifying prior conviction.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Hiring for sexual activity (repeat offense) — Applies when the person has one or more prior convictions or guilty pleas under this section or § 22-23-2 within the previous ten years.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Hiring for sexual activity (repeat offense) — Applies when the person has one or more prior convictions or guilty pleas under this section or § 22-23-2 within the previous ten years.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is hiring for sexual activity classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Hiring for sexual activity (first offense) | Class 1 Misdemeanor | Applies when a person hires or attempts to hire another for a fee or other compensation to engage in sexual activity, without a qualifying prior conviction. | SDCL § 22-23-9undefined |
| Hiring for sexual activity (repeat offense) | Class 6 Felony | Applies when the person has one or more prior convictions or guilty pleas under this section or § 22-23-2 within the previous ten years. | SDCL § 22-23-9undefined |
Common questions about hiring for sexual activity in South Dakota
Is hiring for sexual activity a felony or a misdemeanor in South Dakota?
It depends on the circumstances: hiring for sexual activity ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-23-9.
Hiring for sexual activity (first offense): Class 1 Misdemeanor (SDCL § 22-23-9) · Hiring for sexual activity (repeat offense): Class 6 Felony (SDCL § 22-23-9)
What are the penalties for hiring for sexual activity in South Dakota?
Which South Dakota statute covers hiring for sexual activity?
Hiring for sexual activity is governed by SDCL § 22-23-9 (Hiring for sexual activity--Misdemeanor or felony).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.