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South Dakota statute

SDCL § 22-23-1.2 — Affirmative defense of compulsion

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

Part of Chapter 23: Prostitution, South Dakota Codified Laws.

Full text of SDCL § 22-23-1.2

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 § 22-23-1.2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.

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This reference is informational and is not legal advice.