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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
22-24A-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 […]
22-24A-15. Property subject to forfeiture. Any person who is convicted of an offense 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, or under 18 U.S.C. §§1466A, 1470, 1591, 2251, 2251A, 2252, 2252A, 2252B, 2252C, 2260, 2421, 2422, and 2423, as of January […]
22-24A-16. Internet service providers to report suspected violations of child pornography laws–Permitting subscriber to use service for child pornography prohibited–Misdemeanor. Any person working at or for an internet service provider or other electronic communication service who has knowledge of or observes, within the scope of the person’s professional capacity or employment, a visual depiction that […]
22-24A-17. Film processors to report suspected violations of child pornography laws–Permitting use of services for child pornography prohibited–Misdemeanor. Any person working at or for a commercial film and photograph print processor who has knowledge of or observes, within the scope of the processor’s professional capacity or employment, a film, photograph, video tape, negative, slide or […]
22-24A-18. Computer repair technicians to report suspected violations of child pornography laws–Misdemeanor. Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician’s professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction of a minor whom the technician knows or reasonably should know […]
22-24A-19. Certain child protection laws inapplicable to performance of official duties or bona fide treatment or professional education program. The provisions 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, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, […]
22-24A-2. Definitions. Terms used in §§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, mean: (1)”Adult,” any person eighteen years of age or older; (2)”Child pornography,” any image or visual depiction of a minor engaged in prohibited sexual acts; (3)”Child” or “minor,” any person under the age of eighteen years; (3A)”Child-like sex […]
22-24A-20. Exemption of publications with redeeming social value. The provisions of §§22-22-24.3, 22-24A-1, 22-24A-1.1, 22-24A-3, 22-24A-3.1, and 22-24A-5 do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or making of films, photographs, or other materials involving only nudity, if the materials are made for and have a serious literary, artistic, educational, […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
