South Dakota Statutes
§ 22-24A-36 — Distributing child pornography--Penalty.
A person is guilty of distributing child pornography if the person knowingly sells or distributes:
(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 3 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 five years. 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 ten years. A person convicted of a violation of this section may not be convicted of possessing child pornography pursuant to § 22-24A-35 for the same visual depiction.
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Legislative History
SL 2024, ch 87, § 3.
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