S.D. Codified Laws § 22-24A-36

Current through the 2024 Legislative Session

Section 22-24A-36 - Distributing child pornography-Penalty

A person is guilty of distributing child pornography if the person knowingly sells or distributes:

(1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or

(2) Any computer-generated child pornography.

A violation of this section is a Class 3 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least five years. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least ten years.

A person convicted of a violation of this section may not be convicted of possessing child pornography pursuant to § 22-24A-35 for the same visual depiction.

SDCL 22-24A-36

SL 2024, ch 87, §3.

Added by S.L. 2024, ch. 87,s. 3, eff. 7/1/2024.