South Dakota statute
SDCL § 22-49-2 — First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 49: Human Trafficking, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-49-2
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 human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1, and the act:
(1) Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act;
(2) Involves a victim under the age of eighteen years; or
(3) Results in the death of a victim.
Human trafficking in the first degree is a Class 2 felony.
A conviction under this section for a first offense must be punished by a mandatory sentence of at least fifteen years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least twenty years in a state correctional facility, which sentence may not be suspended.
Consent to performing any act prescribed in § 22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.
Notwithstanding the provisions of § 22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.
Official sources
Legal terms used in this section
Questions this section answers
Is first degree human trafficking a felony or a misdemeanor in South Dakota?
First degree human trafficking is a Class 2 Felony in South Dakota under SDCL § 22-49-2.
Which South Dakota statute covers first degree human trafficking?
First degree human trafficking is governed by SDCL § 22-49-2 (First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor).
This reference is informational and is not legal advice.