South Dakota Statutes
§ 22-24A-35 — Possessing child pornography--Penalty.
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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Legislative History
SL 2024, ch 87, § 2.
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