22-24A-37. Manufacturing child pornography--Penalty.A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of:(1)Any visual depiction of a minor engaged 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 2 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 ten 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 twenty 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, §4.
South Dakota Legal Code