FOR AN ACT ENTITLED, An Act to revise provisions related to child pornography and to revise the penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-24A-1 be amended to read:
    22-24A-1. Any person who sells, or displays for sale, any book, magazine, pamphlet, slide, photograph, film, or electronic or digital media image depicting a minor engaging in a prohibited sexual act, or engaging in an activity that involves nudity, or in the simulation of any such act is guilty of a Class 6 Class 4 felony.
    Section 2. That § 22-24A-5 be amended to read:
    22-24A-5. A person is guilty of solicitation of a minor if the person eighteen years of age or older:

            (1)    Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or

            (2)    Knowingly compiles or transmits by means of a computer; or prints, publishes or

reproduces by other computerized or any other electronic means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.

    The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.

    Consent to performing a prohibited sexual act 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 4 felony.

    The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.