22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment.
A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:
(1)Is harmful to minors;
(2)Involves nudity; or
(3)Is obscene.
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 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 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, §8; SL 2005, ch 120, §401; SL 2006, ch 121, §7.
Structure South Dakota Codified Laws
Section 22-22-1 - Rape--Degrees--Felony--Statute of limitations.
Section 22-22-1.2 - Minimum sentences for rape or sexual contact with child.
Section 22-22-1.3 - Contents of presentence investigation report for person convicted of sex crime.
Section 22-22-1.4 - Exception for mitigating circumstances--Factual basis relied upon in writing.
Section 22-22-7 - Sexual contact with child under sixteen--Felony or misdemeanor.
Section 22-22-7.1 - Sexual contact defined--Exception when within the scope of medical practice.
Section 22-22-7.2 - Sexual contact with person incapable of consenting--Felony.
Section 22-22-7.3 - Sexual contact with child under sixteen years of age--Violation as misdemeanor.
Section 22-22-7.5 - Safety zone of child victim of sex crime.
Section 22-22-7.8 - Sexual contact with child under eighteen--Position of authority--Penalty.
Section 22-22-24.3 - Sexual exploitation of a minor--Felonies--Assessment.
Section 22-22-26 - County to pay for forensic medical examinations.
Section 22-22-26.1 - Cost of forensic medical examination--Convicted defendant to reimburse county.
Section 22-22-26.4 - Forensic medical examination--Informed Consent--Liability or discipline.
Section 22-22-27 - Definition of terms--Sex offenses by psychotherapists.
Section 22-22-28 - Sexual contact by psychotherapist--Felony.
Section 22-22-29 - Sexual penetration by psychotherapist--Felony.
Section 22-22-42 - Bestiality--Acts constituting--Commission a felony.
Section 22-22-43 - Sexual act with an animal defined--Proof.
Section 22-22-44 - Provisions of § 22-22-42 not applicable to accepted practices.
Section 22-22-45 - Threatening to commit a sexual offense--Felony.