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.