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South Dakota statute

SDCL § 22-24A-16 — Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor

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

Part of Chapter 24A: Child Pornography, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-24A-16

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 § 22-24A-16Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person working at or for an internet service provider or other electronic communication service who has knowledge of or observes, within the scope of the person's professional capacity or employment, a visual depiction that depicts a minor whom the person knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The provider need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a provider to review all visual depictions received by subscribers or handled by the provider within the provider's professional capacity or employment. It is unlawful for any owner or operator of a computer on-line service, internet service, or local internet bulletin board service knowingly to permit a subscriber to utilize the service to produce or reproduce visual depictions of prohibited sexual acts with a minor. A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.

Official sources

Legal terms used in this section

Questions this section answers

Is internet service providers to report suspected violations of child pornography laws a felony or a misdemeanor in South Dakota?

Internet service providers to report suspected violations of child pornography laws is a Class 1 Misdemeanor in South Dakota under SDCL § 22-24A-16.

Which South Dakota statute covers internet service providers to report suspected violations of child pornography laws?

Internet service providers to report suspected violations of child pornography laws is governed by SDCL § 22-24A-16 (Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor).

This reference is informational and is not legal advice.