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South Dakota statute

SDCL § 22-24A-37 — Manufacturing 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-37

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-37Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of: (1) Any visual depiction of a minor engaged 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 2 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 ten 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 twenty 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 manufacturing child pornography a felony or a misdemeanor in South Dakota?

Manufacturing child pornography is a Class 2 Felony in South Dakota under SDCL § 22-24A-37.

Which South Dakota statute covers manufacturing child pornography?

Manufacturing child pornography is governed by SDCL § 22-24A-37 (Manufacturing child pornography--Penalty).

This reference is informational and is not legal advice.