2019 House Bill 1063 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

922B0179   HOUSE BILL   NO.  1063  

Introduced by:    Representatives Reed, Barthel, Borglum, Diedrich, Johns, Latterell, Peterson (Kent), Peterson (Sue), Reimer, and Sullivan and Senators DiSanto, Partridge, Rusch, Soholt, and Wismer
 

        FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 26-8B-2 be amended to read:
    26-8B-2. In For purposes of this chapter and chapter 26-7A, the term, a child in need of supervision, means is a child:
            (1)    Any child of Of compulsory school age who is habitually absent from school without legal excuse;
            (2)    Any child who Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;
            (3)    Any child whose Whose behavior or condition endangers the child's own welfare or the welfare of others;
            (4)    Any child who Who has violated any federal, or state, law or regulation or local law or regulation ordinance for which there is not a penalty of a criminal nature for an

adult, except violations other than a violation of subdivision 34-46-2(2), or a petty offenses offense; or

            (5)    Any child who Who has violated § 32-23-21 or 35-9-2 or 32-23-21; or
            (6)    Who engages in or offers to engage in sexual activity for a fee or other compensation.
    Section 2. That § 22-23-1 be amended to read:
    22-23-1. Any A person aged sixteen who is eighteen years of age or older and who engages in or offers to engage in sexual activity for a fee or other compensation is guilty of prostitution. Prostitution is a Class 1 misdemeanor.
    Section 3. That § 22-23-9 be amended to read:
    22-23-9. Any A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor. However, if the A person has been who is convicted of, or has pled guilty to, one or more violations of this section or § 22-23-2 in the previous ten years, the person is guilty of a Class 6 felony.

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