S.D. Codified Laws § 22-24A-3

Current with legislation signed by the governor on or before 3/6/2024

Section 22-24A-3 - [Repealed Effective 7/1/2024] Possessing, manufacturing, or distributing child pornography-Felonies-Assessment

A person is guilty of possessing, manufacturing, or distributing child pornography if the person:

(1) Creates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act;

(2) Causes or knowingly permits the creation of any visual depiction of a minor engaged in a prohibited sexual act, or in the simulation of such an act; or

(3) Knowingly possesses, distributes, or otherwise disseminates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act.

Consent to performing these proscribed acts 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. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation is a Class 3 felony.

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.

SDCL 22-24A-3

SL 2002, ch 109, §7; SDCL, § 22-22-24.2; SL 2005, ch 120, §§407, 409; SL 2006, ch 121, §6.

Repealed by S.L. 2024, ch. TBD,s. 15, eff. 7/1/2024.