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 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:
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 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.
Nothing contained in this section shall be construed to impose liability on a provider of an
electronic communication service, an information service, a mobile service, including a commercial
mobile service, a telecommunication service, an interactive computer service, or a cable service.
An Act to revise provisions related to child pornography and to revise the penalty therefor.
An Act to revise provisions related to child pornography and to revise the penalty therefor.
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I certify that the attached Act originated in the
SENATE as Bill No. 169
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 169 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
