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South Dakota criminal charge

Sexual exploitation of a minor in South Dakota

Current through 2026 South Dakota legislative session

Sexual exploitation of a minor is a criminal offense under South Dakota law, defined by SDCL § 22-22-24.3. 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 § 22-22-24.3.

What is the penalty for sexual exploitation of a minor in South Dakota?

Penalties for Sexual exploitation of a minor
PenaltyRangeBasisAuthority
Jail / prisonup to 2 years (Sexual exploitation of a minor (first offense) — Applies to a first violation of the section.)discretionarySDCL § 22-6-1
Fineup to $4,000 (Sexual exploitation of a minor (first offense) — Applies to a first violation of the section.)discretionarySDCL § 22-6-1
Jail / prisonup to 5 years (Sexual exploitation of a minor (second or subsequent offense within 15 years) — Applies when a person is convicted of a second or subsequent violation of this section within fifteen years of a prior conviction.)discretionarySDCL § 22-6-1
Fineup to $10,000 (Sexual exploitation of a minor (second or subsequent offense within 15 years) — Applies when a person is convicted of a second or subsequent violation of this section within fifteen years of a prior conviction.)discretionarySDCL § 22-6-1

Applies to current.

How is sexual exploitation of a minor classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Sexual exploitation of a minor
VariantClassificationWhen it appliesStatute
Sexual exploitation of a minor (first offense)Class 6 FelonyApplies to a first violation of the section.SDCL § 22-22-24.3undefined
Sexual exploitation of a minor (second or subsequent offense within 15 years)Class 5 FelonyApplies when a person is convicted of a second or subsequent violation of this section within fifteen years of a prior conviction.SDCL § 22-22-24.3undefined

Common questions about sexual exploitation of a minor in South Dakota

Is sexual exploitation of a minor a felony or a misdemeanor in South Dakota?

It depends on the circumstances: sexual exploitation of a minor ranges from a Class 6 Felony to a Class 5 Felony in South Dakota under SDCL § 22-22-24.3.

Sexual exploitation of a minor (first offense): Class 6 Felony (SDCL § 22-22-24.3) · Sexual exploitation of a minor (second or subsequent offense within 15 years): Class 5 Felony (SDCL § 22-22-24.3)

What are the penalties for sexual exploitation of a minor in South Dakota?

Penalties for sexual exploitation of a minor in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 5 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.

Which South Dakota statute covers sexual exploitation of a minor?

Sexual exploitation of a minor is governed by SDCL § 22-22-24.3 (Sexual exploitation of a minor--Felonies--Assessment).

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.