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 § 22-49-2

Title 22CRIMES

Ch. 22-48HUMAN TRAFFICKING

This text of South Dakota § 22-49-2 (First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.) 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 § 22-49-2 (2026).

Text

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.