South Dakota § 22-49-2 First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.

South Dakota Statutes

§ 22-49-2 — First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.

South Dakota·Title 22 CRIMES·Ch. 22-48 HUMAN TRAFFICKING

A person is guilty of human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act:

(1)Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act;

(2)Involves a victim under the age of eighteen years; or (3) Results in the death of a victim. Human trafficking in the first degree is a Class 2 felony. A conviction under this section for a first offense must be punished by a mandatory sentence of at least fifteen years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least twenty years in a state correction

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A person is guilty of human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act: (1) Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act; (2) Involves a victim under the age of eighteen years; or (3) Results in the death of a victim. Human trafficking in the first degree is a Class 2 felony. A conviction under this section for a first offense must be punished by a mandatory sentence of at least fifteen years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least twenty years in a state correctional facility, which sentence may not be suspended. Consent to performing any act prescribed in § 22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section. Notwithstanding the provisions of § 22-4-1 , any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.

South Dakota § 22-49-2 (First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.