South Dakota § 22-49-2 - First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.

§ 22-49-2. First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor.

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:

(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;

(2)    Involves a victim under the age of eighteen years; or

(3)    Results in the death of a victim.

Human trafficking in the first degree is a Class 2 felony.

A 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.

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; SL 2025, ch 99, § 2.