South Dakota statute
SDCL § 26-10-34 — Defenses to juvenile sexting
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 10: Offenses By And Against Minors, South Dakota Codified Laws.
Full text of SDCL § 26-10-34
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.
It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile sexting that the visual depiction is of a single minor, created by that minor, who does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.
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