South Dakota § 22-24A-35 Possessing child pornography--Penalty.

South Dakota Statutes

§ 22-24A-35 — Possessing child pornography--Penalty.

South Dakota § 22-24A-35

Title 22CRIMES

Ch. 22-22ACHILD PORNOGRAPHY

This text of South Dakota § 22-24A-35 (Possessing child pornography--Penalty.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-24A-35 (2026).

Text

A person is guilty of possessing child pornography if the person knowingly possesses:

(1)Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this section is a Class 4 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least one year. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least five years.

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A person is guilty of possessing child pornography if the person knowingly possesses: (1) Any visual depiction of a minor engaging in a prohibited sexual act, or in a simulation of a prohibited sexual act; or (2) Any computer-generated child pornography. A violation of this section is a Class 4 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least one year. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least five years.