reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-42 - Bestiality--Acts constituting--Commission a felony.

22-22-42. Bestiality--Acts constituting--Commission a felony.
No person, for the purpose of that person's sexual gratification, may:
(1)Engage in a sexual act with an animal; or
(2)Coerce any other person to engage in a sexual act with an animal; or
(3)Use any part of the person's body or an object to sexually stimulate an animal; or
(4)Videotape a person engaging in a sexual act with an animal; or
(5)Kill or physically abuse an animal.
Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to §22-24B-1, any subsequent violation of this section is a Class 5 felony.
Source:
SL 2003, ch 127, §1; SL 2005, ch 120, §406.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-43 - Sexual act with an animal defined--Proof.

22-22-43. Sexual act with an animal defined--Proof.
For the purposes of §22-22-42, the term, sexual act with an animal, means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other. A sexual act with an animal may be proved without evidence of penetration.
Source:
SL 2003, ch 127, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-44 - Provisions of §22-22-42 not applicable to accepted practices.

22-22-44. Provisions of §22-22-42 not applicable to accepted practices.
The provisions of §22-22-42 do not apply to or prohibit normal, ordinary, or accepted practices involved in animal husbandry, artificial insemination, or veterinary medicine.
Source:
SL 2003, ch 127, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-45 - Threatening to commit a sexual offense--Felony.

22-22-45. Threatening to commit a sexual offense--Felony.
Any person who has been convicted of a felony sex offense as defined in §22-24B-1 who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense. Threatening to commit a sexual offense is a Class 4 felony.
Source:
SL 2006, ch 121, §15.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-46 - Assisting, harboring, concealing, or providing false information about sex offender--Felony.

22-22-46. Assisting, harboring, concealing, or providing false information about sex offender--Felony.
Any person who knowingly assists, harbors, or conceals a sex offender in eluding law enforcement or provides false information regarding the residence or whereabouts of a sex offender is guilty of a Class 5 felony.
Source:
SL 2006, ch 121, §12.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22A - Offenses Against The Family › Section 22-22A-1 - Bigamy--Exceptions--Felony.

22-22A-1. Bigamy--Exceptions--Felony.
Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:
(1)Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;
(2)Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;
(3)Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or
(4)Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.
Bigamy is a Class 6 felony.
Source:
SDC 1939, §13.1713; SL 1976, ch 158, §22-6; SL 2000, ch 104, §1; SDCL, §22-22-15; SL 2005, ch 120, §§19, 23.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22A - Offenses Against The Family › Section 22-22A-2 - Incest--Prohibited sexual contact--Felony.

22-22A-2. Incest--Prohibited sexual contact--Felony.
Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:
(1)Who are not legally married; and
(2)Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to §25-1-6;
are guilty of incest. Incest is a Class 5 felony.
Source:
SL 2005, ch 120, §20.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22A - Offenses Against The Family › Section 22-22A-3 - Aggravated incest_Related child--Felony.

22-22A-3. Aggravated incest--Related child--Felony.
Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:
(1)The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
(2)Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to §25-1-6;
is guilty of aggravated incest. Aggravated incest is a Class 3 felony.
Source:
SL 2005, ch 120, §21; SL 2008, ch 109, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22A - Offenses Against The Family › Section 22-22A-3.1 - Aggravated incest--Foster child--Felony.

22-22A-3.1. Aggravated incest--Foster child--Felony.
Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:
(1)The licensed foster care provider; or
(2)A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.
Aggravated incest is a Class 3 felony.
Source:
SL 2008, ch 109, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22A - Offenses Against The Family › Section 22-22A-4 - Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony.

22-22A-4. Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony.
No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A violation of this section is a Class 6 felony.
Source:
SL 1977, ch 205, §4; SL 1992, ch 158, §5; SDCL, §25-5A-7.1; SL 2006, ch 130, §9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-1 - Prostitution--Misdemeanor.

22-23-1. Prostitution--Misdemeanor.
A person who is eighteen years of age or older and who engages in or offers to engage in sexual activity for a fee or other compensation is guilty of prostitution, a Class 1 misdemeanor.
Source:
SDC 1939, §13.1717; SL 1976, ch 158, §23-1; SL 1977, ch 189, §53; SL 1985, ch 183, §1; SL 2005, ch 120, §175; SL 2017, ch 97, §1; SL 2019, ch 109, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-1.1 - Sexual activity defined.

22-23-1.1. Sexual activity defined.
As used in this chapter the term, sexual activity, references both sexual penetration, as defined in §22-22-2, and sexual contact, as defined in §22-22-7.1.
Source:
SDCL, §22-23-1 as added by SL 1976, ch 158, §23-1; SL 2005, ch 120, §176.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-1.2 - Affirmative defense of compulsion.

22-23-1.2. Affirmative defense of compulsion.
It is an affirmative defense to a charge of prostitution under §22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.
Source:
SL 2012, ch 127, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-2 - Promoting prostitution--Felony.

22-23-2. Promoting prostitution--Felony.
Any person who:
(1)Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute;
(2)Promotes the prostitution of a minor; or
(3)Promotes the prostitution of his or her spouse, child, ward, or other dependant person;
is guilty of promoting prostitution. Promoting prostitution is a Class 5 felony.
Source:
SDC 1939, §13.2706; SL 1976, ch 158, §23-3; SL 1977, ch 189, §54; SL 2005, ch 120, §177.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-8 - Pimping—Permitting prostitution on premises--Felony.

22-23-8. Pimping—Permitting prostitution on premises--Felony.
Any person who:
(1)Solicits another person to patronize a prostitute;
(2)Procures a prostitute for a patron;
(3)Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose;
(4)Knowingly permits a place owned, managed, supervised, or controlled by himself or herself, alone, or in association with others, to be regularly used for prostitution or the promotion of prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or
(5)Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything prohibited by this section;
is guilty of a Class 6 felony.
Source: SL 1976, ch 158, §23-4; SL 1977, ch 189, §55; SL 2005, ch 120, §179.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 23 - Prostitution › Section 22-23-9 - Hiring for sexual activity--Misdemeanor or felony.

22-23-9. Hiring for sexual activity--Misdemeanor or felony.
A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor. A person who is convicted of, or has pled guilty to, one or more violations of this section or §22-23-2 in the previous ten years is guilty of a Class 6 felony.
Source:
SL 1976, ch 158, §23-5; SL 1977, ch 189, §56; SL 1985, ch 183, §2; SL 1987, ch 166; SL 2005, ch 120, §180; SL 2018, ch 132, §1; SL 2019, ch 109, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-1.1 - Public indecency--Misdemeanor.

22-24-1.1. Public indecency--Misdemeanor.
A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes his or her anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the person's act. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1998, ch 136, §2; SL 2005, ch 120, §298.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-1.2 - Indecent exposure--Misdemeanor or felony.

22-24-1.2. Indecent exposure--Misdemeanor or felony.
A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's conduct is likely to annoy, offend, or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if such person has been previously convicted of a felony violation of §22-22-1, 22-22-7, or 22-24A-3, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of this section is guilty of a Class 6 felony.
Source:
SL 1998, ch 136, §3; SL 2005, ch 120, §299; SL 2009, ch 116, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-1.3 - Indecent exposure involving a child--Felony.

22-24-1.3. Indecent exposure involving a child--Felony.
If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a child. Indecent exposure involving a child is a Class 6 felony. A second or subsequent conviction for indecent exposure involving a child is a Class 5 felony.
Source:
SL 2002, ch 111, §1; SL 2005, ch 120, §300; SL 2009, ch 116, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-1.4 - Private indecent exposure--Misdemeanor.

22-24-1.4. Private indecent exposure--Misdemeanor.
A person commits the crime of private indecent exposure if:
(1)The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;
(2)The person is in a place where another person has a reasonable expectation of privacy;
(3)The person is in view of the other person;
(4)The exposure reasonably would be expected to annoy, offend, or alarm the other person; and
(5)The person knows that the other person did not consent to the exposure.
Private indecent exposure is a Class 1 misdemeanor.
This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.
Source:
SL 2009, ch 116, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-25 - Municipal and county power to regulate obscene materials or obscene live conduct not preempted.

22-24-25. Municipal and county power to regulate obscene materials or obscene live conduct not preempted.
Except as provided in § 22-24-37, nothing contained in this chapter limits any county or municipality from regulating obscene material or obscene live conduct within its jurisdiction.
Source:
SL 1968, ch 29, §14; SL 1974, ch 61, §2; SL 1976, ch 158, §24-2; SL 1978, ch 162; SL 1994, ch 167, §1; SL 1998, ch 137, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-25.1 - County or municipal ordinance establishing contemporary community standards test.

22-24-25.1. County or municipal ordinance establishing contemporary community standards test.
Any county or municipality may provide, by ordinance, for a contemporary community standards test to regulate the sale, distribution, and use of obscene material and to regulate obscene live conduct in any commercial establishment or public place within its jurisdiction.
Source:
SDCL, §22-24-25 as added by SL 1978, ch 162; SL 1994, ch 167, §2; SL 2004, ch 155, §1; SL 2005, ch 120, §302.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-28 - Disseminating material harmful to minors as misdemeanor.

22-24-28. Disseminating material harmful to minors as misdemeanor.
Any person who disseminates material harmful to minors is guilty of a Class 1 misdemeanor.
Source:
SL 1968, ch 29, §§3, 9 (b); SDCL Supp, §§22-24-13, 22-24-20; SL 1974, ch 165, §18; SL 1976, ch 158, §24-6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-29 - Possession, sale, or loan as disseminating material harmful to minors.

22-24-29. Possession, sale, or loan as disseminating material harmful to minors.
A person is guilty of disseminating material harmful to minors if that person knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or if that person knowingly sells or loans to a minor for monetary consideration any material described in subdivision §22-24-27(4).
Source:
SL 1974, ch 165, §18 (1); SL 2005, ch 120, §304.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-29.1 - Publications containing obscene material to be wrapped and sealed while on display--Misdemeanor.

22-24-29.1. Publications containing obscene material to be wrapped and sealed while on display--Misdemeanor.
No person may knowingly distribute, display, sell, or exhibit for sale in any public place any magazine, book, or newsprint displaying or containing obscene material on its cover or material unless the magazine, book, or newsprint is wrapped and sealed so that no more than its title, name, price, or date is exposed to the public and the magazine, book, or newsprint cannot be viewed or examined without breaking the seal, wrapping, or covering. Any person who violates this section is guilty of a Class 1 misdemeanor.
Source:
SL 1978, ch 161; SL 2005, ch 120, §305.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-30 - Admission to show or exhibition as disseminating material harmful to minors.

22-24-30. Admission to show or exhibition as disseminating material harmful to minors.
A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly:
(1)Exhibits such motion picture, show, or other presentation to a minor;
(2)Sells or gives to a minor an admission ticket or pass to premises whereon there is exhibited such motion picture, show, or other presentation; or
(3)Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show, or other presentation.
Source:
SL 1974, ch 165, §18 (2); SL 2005, ch 120, §306.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-31 - Defenses for disseminating materials harmful to minors.

22-24-31. Defenses for disseminating materials harmful to minors.
In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:
(1)The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or apparently official document is evidence establishing that the minor was eighteen years of age or older;
(2)The minor involved was accompanied by a parent or guardian, or by an adult and the adult represented that he or she was the minor's parent or guardian or an adult and the adult signed a written statement to that effect;
(3)The defendant was the parent or guardian of the minor involved; or
(4)The defendant was a bona fide school, college, university, museum, or public library, or was acting in the capacity of an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.
Source:
SL 1974, ch 165, §20; SL 1993, ch 213, §107; SL 2005, ch 120, §307.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-32 - Misrepresentation to obtain admission of minor--Misdemeanor.

22-24-32. Misrepresentation to obtain admission of minor--Misdemeanor.
A person is guilty of a Class 1 misdemeanor if that person knowingly misrepresents that he or she is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors.
Source:
SL 1974, ch 165, §19 (1); SL 1976, ch 158, §24-7; SL 2005, ch 120, §308.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-33 - Misrepresentation of age by minor--Misdemeanor.

22-24-33. Misrepresentation of age by minor--Misdemeanor.
A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors.
Source:
SL 1974, ch 165, §19 (2); SL 1976, ch 158, §24-8; SL 2005, ch 120, §309.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-34 - Dissemination of separate articles as separate offenses.

22-24-34. Dissemination of separate articles as separate offenses.
If more than one article or item of material prohibited under §§22-24-27 to 22-24-37, inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article or material is harmful to minors, each such sale, gift, advertisement, distribution, or promotion constitutes a separate offense.
Source:
SL 1974, ch 165, §21; SL 2005, ch 120, §310.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-37 - Activities and persons excepted.

22-24-37. Activities and persons excepted.
The provisions of §§22-24-27 to 22-24-37, inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs:
(1)In the course of law enforcement and judicial activities;
(2)In the course of bona fide school, college, university, museum, or public library activities or in the course of employment of such an organization or retail outlet affiliated with and serving the educational purposes of such an organization; or
(3)In the course of employment as a moving picture machine operator, or assistant operator, in a motion picture theater in connection with a motion picture film or show exhibited in such theater if such operator or assistant operator has no financial interest in the motion picture theater wherein that operator or assistant operator is so employed other than wages received or owed;
or like circumstances of justification if the possession, distribution, or conduct is not limited to the subject matter's appeal to prurient interests.
Source:
SL 1973, ch 148; SDCL Supp, §22-24-12.1; SL 1974, ch 165, §2; SL 2005, ch 120, §311.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-55 - Public schools to restrict access to obscene materials on public access computers.

22-24-55. Public schools to restrict access to obscene materials on public access computers.
Any public school that provides a public access computer shall do one or both of the following:
(1)Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; or
(2)Develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.
Source:
SL 1999, ch 76, §1; SL 2005, ch 120, §312.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-56 - Public libraries to restrict access to obscene materials on public access computers.

22-24-56. Public libraries to restrict access to obscene materials on public access computers.
Any public library that provides a public access computer shall develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.
Source:
SL 1999, ch 76, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-57 - Complying public school or library not liable for damages.

22-24-57. Complying public school or library not liable for damages.
No public school that complies with §22-24-55 or any public library that complies with §22-24-56 may be held liable for any damages that may arise from a minor gaining access to obscene materials through the use of a public access computer that is owned or controlled by the public school or public library.
Source:
SL 1999, ch 76, §3; SL 2005, ch 120, §313.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-58 - Obscene material defined.

22-24-58. Obscene material defined.
For the purposes of §§22-24-55 to 22-24-59, inclusive, obscene material is defined pursuant to subdivision 22-24-27(11).
Source:
SL 1999, ch 76, §4; SL 2005, ch 120, §314.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-59 - Public access computer defined.

22-24-59. Public access computer defined.
For the purposes of §§22-24-55 to 22-24-59, inclusive, a public access computer is any computer that is located in a public school or public library.
Source:
SL 1999, ch 76, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-60 - Prepaid adult entertainment card defined.

22-24-60. Prepaid adult entertainment card defined.
For the purposes of §§22-24-60 to 22-24-68, inclusive, a prepaid adult entertainment card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more erotic or pornographic internet sites by means of a predetermined user identification and password unique to each card.
Source:
SL 2002, ch 112, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-61 - Sale or distribution of prepaid adult entertainment card to minors as misdemeanor.

22-24-61. Sale or distribution of prepaid adult entertainment card to minors as misdemeanor.
It is a Class 1 misdemeanor to sell, give, or distribute any prepaid adult entertainment card or any prepaid adult entertainment telephone card to any person under eighteen years of age.
Source:
SL 2002, ch 112, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-62 - Prepaid adult entertainment telephone card defined.

22-24-62. Prepaid adult entertainment telephone card defined.
A prepaid adult entertainment telephone card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more adult entertainment telephone services for a predetermined number of minutes by means of a telephone number and an access code or password unique to each card.
Source:
SL 2002, ch 112, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-63 - Persons violating § 22-24-61 liable for civil damages.

22-24-63. Persons violating §22-24-61 liable for civil damages.
Any person who knowingly participates in any conduct proscribed by §§22-24-60 to 22-24-68, inclusive, is liable for civil damages.
Source:
SL 2002, ch 112, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-64 - Persons who may bring actions for damages.

22-24-64. Persons who may bring actions for damages.
Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§22-24-60 to 22-24-68, inclusive:
(1)The victimized minor;
(2)Any parent, legal guardian, or sibling of a victimized minor; or
(3)Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by §§22-24-60 to 22-24-68, inclusive.
If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the minor.
Source:
SL 2002, ch 112, §5; SL 2005, ch 120, §315.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-65 - Persons from whom damages may be sought.

22-24-65. Persons from whom damages may be sought.
Any person entitled to bring an action under §22-24-64 may seek damages from any person who knowingly participated in the sale or in the chain of distribution of any prepaid adult entertainment card or any prepaid adult entertainment telephone card proscribed by §§22-24-60 to 22-24-68, inclusive.
Source:
SL 2002, ch 112, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-66 - Damages that may be recovered.

22-24-66. Damages that may be recovered.
Any person entitled to bring an action under §22-24-64 may recover the following damages:
(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;
(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;
(3)Exemplary damages;
(4)Attorneys' fees; and
(5)Disbursements.
Source:
SL 2002, ch 112, §7; SL 2005, ch 120, §316.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-67 - Statute of limitations.

22-24-67. Statute of limitations.
Any action for damages under §§22-24-60 to 22-24-68, inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§22-24-60 to 22-24-68, inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.
For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.
Source:
SL 2002, ch 112, §8.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24 - Obscenity And Public Indecency › Section 22-24-68 - Prepaid adult entertainment cards subject to seizure and destruction.

22-24-68. Prepaid adult entertainment cards subject to seizure and destruction.
As a public nuisance, all prepaid adult entertainment cards and prepaid adult entertainment telephone cards are subject to seizure and destruction without compensation by any law enforcement agency with appropriate jurisdiction.
Source:
SL 2002, ch 112, §9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-1 - Sale of child pornography--Felony.

22-24A-1. Sale of child pornography--Felony.
Any person who sells, or displays for sale, any book, magazine, pamphlet, slide, photograph, film, or electronic or digital media image depicting a minor engaging in a prohibited sexual act, or engaging in an activity that involves nudity, or in the simulation of any such act is guilty of a Class 4 felony.
Source:
SL 1978, ch 159, §4; SL 2002, ch 109, §4; SDCL §22-22-24; SL 2005, ch 120, §407; SL 2016, ch 124, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-1.1 - Manufacturing or distributing child-like sex doll--Felony.

22-24A-1.1. Manufacturing or distributing child-like sex doll--Felony.
It is a Class 4 felony for any person to:
(1)Create a child-like sex doll;
(2)Cause or knowingly permit the creation of a child-like sex doll; or
(3)Knowingly distribute, sell, or display for sale, or otherwise disseminate a child-like sex doll.
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.
Source:
SL 2021, ch 98, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-3 - Possessing, manufacturing, or distributing child pornography--Felonies--Assessment.

22-24A-3. 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.
Source:
SL 2002, ch 109, §7; SDCL, §22-22-24.2; SL 2005, ch 120, §§407, 409; SL 2006, ch 121, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-3.1 - Purchasing or possessing child-like sex doll--Misdemeanor or felony.

22-24A-3.1. Purchasing or possessing child-like sex doll--Misdemeanor or felony.
It is a Class 1 misdemeanor for any person to knowingly purchase or possess a child-like sex doll.
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 6 felony.
Source:
SL 2021, ch 98, § 3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-4 - Minor and solicit defined.

22-24A-4. Minor and solicit defined.
Terms used in §22-24A-5 mean:
(1)"Minor," a person fifteen years of age or younger; and
(2)"Solicit," to seduce, lure, entice or persuade, or attempt to seduce, lure, entice or persuade a specific person by telephone, in person, by letter, by using a computer or any other electronic means.
Source:
SL 2002, ch 109, §9; SDCL, §22-22-24.4; SL 2005, ch 120, §407.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-5 - Solicitation of a minor--Felony--Assessment.

22-24A-5. Solicitation of a minor--Felony--Assessment.
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.
Source:
SL 2002, ch 109, §10; SDCL §22-22-24.5; SL 2005, ch 120, §§407, 410; SL 2006, ch 121, §8; SL 2010, ch 116, §1; SL 2016, ch 124, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-6 - Nonresident violating child protection laws subject to state court jurisdiction--Service of process.

22-24A-6. Nonresident violating child protection laws subject to state court jurisdiction--Service of process.
Any person, not a citizen or resident of this state, whose actions or conduct constitute a violation of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 and whose actions or conduct involve a child residing in this state, or someone the person reasonably believes is a child residing in this state, or with an adult in this state in violation of §22-23-2, 22-23-8, or 22-23-9 is for the purpose of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 deemed to be transacting business in this state and by that act:
(1)Submits to the jurisdiction of the courts of this state in any civil proceeding commenced under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9; and
(2)Constitutes the secretary of state as agent for service of legal process in any civil proceeding commenced under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9; and consents that service of legal process shall be made by serving a copy upon the secretary of state or by filing a copy in the secretary of state's office, and that this service shall be sufficient service if, within one day after service, notice of the service and a copy of the process are sent by registered mail by plaintiff to the person at the person's last-known address and proof of such mailing filed with the clerk of court within one day after mailing.
The service of legal process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon the person outside this state with the same force and effect as though summons had been personally served within this state. The service shall be made in like manner as service within this state. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
Source:
SL 2002, ch 109, §13; SDCL §22-22-24.6; SL 2005, ch 120, §407; SL 2014, ch 109, §19; SL 2015, ch 129, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-7 - Liability for civil damages.

22-24A-7. Liability for civil damages.
Any person, except a minor, who knowingly participates in any conduct proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, is liable for civil damages.
Source:
SL 2002, ch 109, §14; SDCL §22-22-24.7; SL 2005, ch 120, §407; SL 2014, ch 109, §20.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-8 - Persons who may bring action for damages.

22-24A-8. Persons who may bring action for damages.
Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive:
(1)The child;
(2)Any parent, legal guardian, or sibling of a victimized child;
(3)Any medical facility, insurer, governmental entity, employer, or other entity that funds a treatment program or employee assistance program for the child or that otherwise expended money or provided services on behalf of the child;
(4)Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.
If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the child.
Source:
SL 2002, ch 109, §15; SDCL §22-22-24.8; SL 2005, ch 120, §§407, 411; SL 2014, ch 109, §21.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-9 - Persons from whom damages may be sought.

22-24A-9. Persons from whom damages may be sought.
Any person entitled to bring an action under §22-24A-8 may seek damages from any person, except a minor, who knowingly participated in the production or in the chain of distribution of any visual depiction proscribed by §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.
Source:
SL 2002, ch 109, §16; SDCL §22-22-24.9; SL 2005, ch 120, §407; SL 2014, ch 109, §22.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-10 - Damages recoverable.

22-24A-10. Damages recoverable.
Any person entitled to bring an action under §22-24A-8 may recover all of the following damages:
(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;
(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;
(3)Exemplary damages;
(4)Attorneys' fees; and
(5)Disbursements.
Source:
SL 2002, ch 109, §17; SDCL, §22-22-24.10; SL 2005, ch 120, §407.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-11 - Joinder of plaintiffs--Joinder of defendants.

22-24A-11. Joinder of plaintiffs--Joinder of defendants.
Two or more persons may join in one action under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as plaintiffs if their respective actions have at least one common occurrence of proscribed conduct under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, and if any portion of the period of such conduct overlaps with the period for every other plaintiff. Two or more persons may be joined in one action under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as defendants if those persons are liable to at least one plaintiff.
Source:
SL 2002, ch 109, §18; SDCL §22-22-24.11; SL 2005, ch 120, §407; SL 2014, ch 109, §23.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-12 - Judgment debtor ineligible to exempt property from levy or execution--Assets subject to forfeiture.

22-24A-12. Judgment debtor ineligible to exempt property from levy or execution--Assets subject to forfeiture.
Any person against whom a judgment has been rendered under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Source:
SL 2002, ch 109, §19; SDCL §22-22-24.12; SL 2005, ch 120, §407; SL 2014, ch 109, §24; SL 2015, ch 129, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-13 - Statute of limitations.

22-24A-13. Statute of limitations.
Any action for damages under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.
For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.
Source:
SL 2002, ch 109, §20; SDCL §22-22-24.13; SL 2005, ch 120, §407; SL 2014, ch 109, §25.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 24A - Child Pornography › Section 22-24A-14 - Civil action stayed pending completion of criminal action--Statute of limitations tolled.

22-24A-14. Civil action stayed pending completion of criminal action--Statute of limitations tolled.
On motion by a governmental agency involved in an investigation or prosecution, any civil action brought under §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. The statute of limitations as provided in §22-24A-13 shall be tolled for the time any such stay is in effect.
Source:
SL 2002, ch 109, §21; SDCL, §22-22-24.14; SL 2005, ch 120, §407.