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South Dakota statute

SDCL § 22-49-3 — Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses

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 § 22-49-3

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 § 22-49-3Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person is guilty of human trafficking in the second degree if the person commits human trafficking, as set forth in § 22-49-1, and the act involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in forced labor or involuntary servitude. Human trafficking in the second degree is a Class 3 felony. A conviction under this section for a first offense must be punished by a mandatory sentence of at least five 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 ten years in a state correctional facility, which sentence may not be suspended.

Official sources

Legal terms used in this section

Questions this section answers

Is second degree human trafficking a felony or a misdemeanor in South Dakota?

Second degree human trafficking is a Class 3 Felony in South Dakota under SDCL § 22-49-3.

Which South Dakota statute covers second degree human trafficking?

Second degree human trafficking is governed by SDCL § 22-49-3 (Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses).

This reference is informational and is not legal advice.