South Dakota statute
SDCL § 22-24A-35 — Possessing child pornography--Penalty
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-35
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.
A person is guilty of possessing child pornography if the person knowingly possesses:
(1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or
(2) Any computer-generated child pornography.
A violation of this section is a Class 4 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least one year. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least five years.
Official sources
Legal terms used in this section
Questions this section answers
Is possessing child pornography a felony or a misdemeanor in South Dakota?
Possessing child pornography is a Class 4 Felony in South Dakota under SDCL § 22-24A-35.
Which South Dakota statute covers possessing child pornography?
Possessing child pornography is governed by SDCL § 22-24A-35 (Possessing child pornography--Penalty).
This reference is informational and is not legal advice.