S.D. Codified Laws § 22-49-2

Current through the 2024 Legislative Session

Section 22-49-2 - First degree human trafficking-Felony-Attempt against minor

If a person is guilty of human trafficking under § 22-49-1, and the act:

(1) Involves committing or attempting to commit kidnapping;

(2) Involves a victim under the age of eighteen years;

(3) Involves prostitution or procurement for prostitution; or

(4) Results in the death of a victim;

the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. 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.

SDCL 22-49-2

SL 2011, ch 120, §2; SL 2016, ch 129, §2; SL 2018, ch 138, §1; SL 2020, ch 89, § 2.

Amended by S.L. 2020, ch. 89,s. 2, eff. 7/1/2020.

Amended by S.L. 2018, ch. 138,s. 1, eff. 7/1/2018.

Amended by S.L. 2016, ch. 129,s. 2, eff. 7/1/2016.