22-24A-3. Possessing, manufacturing, or distributing child pornography--Felonies--Assessment.
A person is guilty of possessing, manufacturing, or distributing child pornography if the person:
(1)Creates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act;
(2)Causes or knowingly permits the creation of any visual depiction of a minor engaged in a prohibited sexual act, or in the simulation of such an act; or
(3)Knowingly possesses, distributes, or otherwise disseminates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act.
Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
A violation of this section is a Class 4 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation is a Class 3 felony.
The court shall order an assessment pursuant to §22-22-1.3 of any person convicted of violating this section.
Source: SL 2002, ch 109, §7; SDCL, §22-22-24.2; SL 2005, ch 120, §§407, 409; SL 2006, ch 121, §6.