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.
Structure South Dakota Codified Laws
Section 22-23-1 - Prostitution--Misdemeanor.
Section 22-23-1.1 - Sexual activity defined.
Section 22-23-1.2 - Affirmative defense of compulsion.
Section 22-23-2 - Promoting prostitution--Felony.
Section 22-23-8 - Pimping—Permitting prostitution on premises--Felony.
Section 22-23-9 - Hiring for sexual activity--Misdemeanor or felony.