22-24A-36. Distributing child pornography--Penalty.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. Source: SL 2024, ch 87, §3.
South Dakota Legal Code