22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment.A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:(1)Is harmful to minors;(2)Involves nudity; or(3)Is obscene.Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.The court shall order an assessment pursuant to §22-22-1.3 of any person convicted of violating this section. Source: SL 2002, ch 109, §8; SL 2005, ch 120, §401; SL 2006, ch 121, §7.
South Dakota Legal Code