South Dakota statute
SDCL § 22-24A-36 — Distributing 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-36
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 distributing child pornography if the person knowingly sells or distributes:
(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 3 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 five years. 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 ten years.
A person convicted of a violation of this section may not be convicted of possessing child pornography pursuant to § 22-24A-35 for the same visual depiction.
Official sources
Legal terms used in this section
Questions this section answers
Is distributing child pornography a felony or a misdemeanor in South Dakota?
Distributing child pornography is a Class 3 Felony in South Dakota under SDCL § 22-24A-36.
Which South Dakota statute covers distributing child pornography?
Distributing child pornography is governed by SDCL § 22-24A-36 (Distributing child pornography--Penalty).
This reference is informational and is not legal advice.