South Dakota legal term
Indistinguishable in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Indistinguishable” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.
What does “Indistinguishable” mean in South Dakota criminal law?
(8) "Indistinguishable," when used with respect to a visual depiction, means virtually indistinguishable, in that the visual depiction is such that an ordinary person viewing the visual depiction would conclude that the visual depiction is of an actual minor engaged in a prohibited sexual act; (9) "Masochism," sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death; (10) "Nudity," the showing or the simulated showing of the human male or female genitals, pubic area, or bu (SDCL § 22-24A-2)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.