S.D. CODIFIED LAWS § 22-23-1.2 (2019).
- Prostitution is defined as a crime only for individuals “eighteen years of age or older”.
- It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.
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S.D. CODIFIED LAWS § 26-7A-115.1 (2020).
- Any victim of human trafficking may petition for expungement of delinquency record resulting from either being a victim of human trafficking or sexual exploitation.
- The statute applies only to a delinquency record, not to criminal convictions.
Additional Resources
S.D. CODIFIED LAWS § 22-49-1 (2023).
- If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.
