CHAPTER 22-23
PROSTITUTION
22-23-1 Prostitution--Misdemeanor.
22-23-1.1 Sexual activity defined.
22-23-1.2 Affirmative defense of compulsion.
22-23-2 Promoting prostitution--Felony.
22-23-3 Repealed by SL 1977, ch 189, § 126.
22-23-4 Repealed by SL 2005, ch 120, § 178, eff. July 1, 2006.
22-23-5 22-23-5 to 22-23-7. Repealed by SL 1976, ch 158, § 23-7.
22-23-8 Pimping—Permitting prostitution on premises--Felony.
22-23-9 Hiring for sexual activity--Misdemeanor or felony.
22-23-1. Prostitution--Misdemeanor.
A person 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, a Class 1 misdemeanor.
Source: SDC 1939, § 13.1717; SL 1976, ch 158, § 23-1; SL 1977, ch 189, § 53; SL 1985, ch 183, § 1; SL 2005, ch 120, § 175; SL 2017, ch 97, § 1; SL 2019, ch 109, § 2.
22-23-1.1. Sexual activity defined.
As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2, and sexual contact, as defined in § 22-22-7.1.
Source: SDCL, § 22-23-1 as added by SL 1976, ch 158, § 23-1; SL 2005, ch 120, § 176.
22-23-1.2. Affirmative defense of compulsion.
It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.
Source: SL 2012, ch 127, § 1.
22-23-2. Promoting prostitution--Felony.
Any person who:
(1) Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute;
(2) Promotes the prostitution of a minor; or
(3) Promotes the prostitution of his or her spouse, child, ward, or other dependant person;
is guilty of promoting prostitution. Promoting prostitution is a Class 5 felony.
Source: SDC 1939, § 13.2706; SL 1976, ch 158, § 23-3; SL 1977, ch 189, § 54; SL 2005, ch 120, § 177.
22-23-8. Pimping—Permitting prostitution on premises--Felony.
Any person who:
(1) Solicits another person to patronize a prostitute;
(2) Procures a prostitute for a patron;
(3) Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose;
(4) Knowingly permits a place owned, managed, supervised, or controlled by himself or herself, alone, or in association with others, to be regularly used for prostitution or the promotion of prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or
(5) Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything prohibited by this section;
is guilty of a Class 6 felony.
Source: SL 1976, ch 158, § 23-4; SL 1977, ch 189, § 55; SL 2005, ch 120, § 179.
22-23-9. Hiring for sexual activity--Misdemeanor or felony.
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. A person 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 is guilty of a Class 6 felony.
Source: SL 1976, ch 158, § 23-5; SL 1977, ch 189, § 56; SL 1985, ch 183, § 2; SL 1987, ch 166; SL 2005, ch 120, § 180; SL 2018, ch 132, § 1; SL 2019, ch 109, § 3.
