Section 26-10-33 – Juvenile sexting prohibited-Violation as misdemeanor
No minor, as defined in subdivision 26-7A-1(21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, as defined in subdivision 22-24A-2(9), or involved in any prohibited sexual act, as defined in subdivision 22-24A-2(16). Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor. (https://casetext.com/statute/south-dakota-codified-laws/title-26-minors/chapter-10-offenses-by-and-against-minors/section-26-10-33-juvenile-sexting-prohibited-violation-as-misdemeanor)
In South Dakota, it is a misdemeanor for a minor to possess or send sexually indecent images of a minor. It is an affirmative defense if the minor has not solicited the image, did not distribute the image, and deleted the image.
Revenge porn law:
22-21-4. Use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass–Misdemeanor or felony. No person may use or disseminate in any form any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.
Source: SL 2004, ch 151, § 1; SL 2011, ch 116, § 1; SL 2016, ch 123, § 1.
