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South Dakota criminal charge

Prostitution in South Dakota

Class 1 MisdemeanorCurrent through 2026 South Dakota legislative session

Prostitution is a Class 1 Misdemeanor under South Dakota criminal law, defined by SDCL § 22-23-1. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.

Defined by SDCL § 22-23-1.

What is the penalty for prostitution in South Dakota?

Penalties for Prostitution
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (county jail)discretionarySDCL § 22-6-2
Fineup to $2,000 (no statutory minimum)discretionarySDCL § 22-6-2

Applies to current.

Common questions about prostitution in South Dakota

Is prostitution a felony or a misdemeanor in South Dakota?

Prostitution is a Class 1 Misdemeanor in South Dakota under SDCL § 22-23-1.

What are the penalties for prostitution in South Dakota?

As a Class 1 Misdemeanor, prostitution carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

Which South Dakota statute covers prostitution?

Prostitution is governed by SDCL § 22-23-1 (Prostitution--Misdemeanor).

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.