South Dakota Codified Laws 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;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 felony | up to 25 years | up to $50,000 |
Terms Used In South Dakota Codified Laws 22-49-2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.
Source: SL 2011, ch 120, § 2; SL 2016, ch 129, § 2; SL 2018, ch 138, § 1; SL 2020, ch 89, § 2.