South Dakota statute
SDCL § 22-24A-5 — Solicitation of a minor--Felony--Assessment
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-5
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 solicitation of a minor if the person eighteen years of age or older:
(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or
(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized or any other electronic means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.
The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.
Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
A violation of this section is a Class 4 felony.
The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.
Nothing contained in this section shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service.
Official sources
Legal terms used in this section
Questions this section answers
Is solicitation of a minor a felony or a misdemeanor in South Dakota?
Solicitation of a minor is a Class 4 Felony in South Dakota under SDCL § 22-24A-5.
Which South Dakota statute covers solicitation of a minor?
Solicitation of a minor is governed by SDCL § 22-24A-5 (Solicitation of a minor--Felony--Assessment).
This reference is informational and is not legal advice.