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South Dakota LEGISLATION
S.D. Codified Laws § 22-22-24.3 (Sexual exploitation of minor — Consent or mistake not a defense — Penalty.)
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.
Amendment History: The 2006 amendment, effective July 1, 2006, rewrote the last paragraph, which read: “The court shall order a mental examination of any person convicted of violating this section. The examiner shall report to the court whether treatment of the person is indicated.”