South Dakota § 22-24A-36 Distributing child pornography--Penalty.

South Dakota Statutes

§ 22-24A-36 — Distributing child pornography--Penalty.

South Dakota § 22-24A-36

Title 22CRIMES

Ch. 22-22ACHILD PORNOGRAPHY

This text of South Dakota § 22-24A-36 (Distributing 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-36 (2026).

Text

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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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.