South Dakota Codified Laws
Chapter 49 - Human Trafficking
Section 22-49-2 - First degree human trafficking--Felony--Attempt against minor.

22-49-2. First degree human trafficking--Felony--Attempt against minor.
If a person is guilty of human trafficking under §22-49-1, and the act:
(1)Involves committing or attempting to commit kidnapping;
(2)Involves a victim under the age of eighteen years;
(3)Involves prostitution or procurement for prostitution; or
(4)Results in the death of a victim;
the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. Consent to performing any act prescribed in §22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.
Notwithstanding the provisions of §22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.

Source: SL 2011, ch 120, §2; SL 2016, ch 129, §2; SL 2018, ch 138, §1; SL 2020, ch 89, § 2.

Structure South Dakota Codified Laws