22-24A-35. Possessing child pornography--Penalty.A person is guilty of possessing child pornography if the person knowingly possesses:(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 4 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 one year. 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 five years. Source: SL 2024, ch 87, §2.
South Dakota Legal Code