26-10-34. Defenses to juvenile sexting.
It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile sexting that the visual depiction is of a single minor, created by that minor, who does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.
Source: SL 2012, ch 148, ยง2.
Structure South Dakota Codified Laws
Chapter 10 - Offenses By And Against Minors
Section 26-10-2.1 - Professional boxing by minors prohibited.
Section 26-10-19 - Tattooing minor without parental consent as misdemeanor.
Section 26-10-26 - Date of discovery in child sexual abuse action.
Section 26-10-27 - Knowledge of parent or guardian.
Section 26-10-28 - "Child" defined.
Section 26-10-29 - "Childhood sexual abuse" defined.
Section 26-10-30 - Permitting physical or sexual abuse of child as felony--Affirmative defense.
Section 26-10-32 - Branding of a minor prohibited--Violation as misdemeanor or felony.
Section 26-10-33 - Juvenile sexting prohibited--Violation as misdemeanor.
Section 26-10-34 - Defenses to juvenile sexting.
Section 26-10-35 - Depiction of person charged not a defense to juvenile sexting.