South Dakota Codified Laws 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;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | up to 15 years | up to $30,000 |
| Class 4 felony | up to 10 years | up to $20,000 |
Terms Used In South Dakota Codified Laws 22-24A-3
- Conviction: A judgement of guilt against a criminal defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.