Skip to main content
US Criminal Defense.org
Menu

South Dakota statute

SDCL § 22-22-24.3 — Sexual exploitation of a minor--Felonies--Assessment

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 22: Sex Offenses, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-22-24.3

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-22-24.3Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that: (1) Is harmful to minors; (2) Involves nudity; or (3) Is obscene. Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section. A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony. The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.