{"data":{"id":"us-sd/sdcl-22-49-2","jurisdiction":"us-sd","citation":"SDCL § 22-49-2","heading":"First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.","body":"A person is guilty of human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1, and the act:\n(1) Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act;\n(2) Involves a victim under the age of eighteen years; or\n(3) Results in the death of a victim.\nHuman trafficking in the first degree is a Class 2 felony.\nA conviction under this section for a first offense must be punished by a mandatory sentence of at least fifteen years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least twenty years in a state correctional facility, which sentence may not be suspended.\nConsent 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.\nNotwithstanding 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.","path":["TITLE 22. CRIMES","CHAPTER 22-49. HUMAN TRAFFICKING"],"source_url":"https://sdlegislature.gov/Statutes/22-49-2","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"84098b8352921977cacffb3b18b054d73092aa0432ef8de4976ac86ad8053966","source_id":"us-sd","stale":false,"prev":"us-sd/sdcl-22-49-1","next":"us-sd/sdcl-22-49-3"},"notice":"GroundRules: Original legal text. Not legal advice."}