Printer FriendlySB 179 define and prohibit the offenses of juvenile sexting and aggrav...
State of South Dakota
LEGISLATIVE ASSEMBLY, 2011
SENATE BILL NO. 179
Introduced by: Senators Vehle, Cutler, Fryslie, Holien, Maher, Nygaard, Rampelberg, Rave,
and Schlekeway and Representatives Hoffman, Carson, Dennert, Feickert,
Hickey, Hunt, Lust, Magstadt, Nelson (Stace), Rozum, Russell, Steele,
Turbiville, Van Gerpen, Vanneman, White, and Wismer
FOR AN ACT ENTITLED, An Act to define and prohibit the offenses of juvenile sexting and
aggravated juvenile sexting and to provide for certain sanctions and remedies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No minor may, by any electronic or computerized device, intentionally and
knowingly, create, produce, distribute, present, transmit, post, exchange, or possess any visual
depiction of a minor involved in any sexually explicit conduct or any lewd exhibition of nudity.
Any violation of this section constitutes the offense of juvenile sexting.
Section 2. Possession alone of a visual depiction is an affirmative defense to section 1 of this
Act, if a minor has not solicited the visual depiction, if the minor does not subsequently
distribute, present, transmit, post, or exchange the visual depiction, and if the minor
subsequently deletes or destroys the visual depiction, either volitionally or at the request of any
person in authority or in loco parentis.
Section 3. No minor may be adjudicated as a child in need of supervision, pursuant to
chapter 26-8B, or as a delinquent child, pursuant to chapter 26-8C, solely because of committing
the offense of juvenile sexting. Such minor may, however, at the discretion of the court, be
referred to teen court, remedial educational programs, community service programs, or other
juvenile diversion programs.
Section 4. Any violation of section 1 of this Act constitutes the offense of aggravated
juvenile sexting if any of the following aggravating factors apply:
(1) The offending minor committed the offense for commercial or financial gain;
(2) The offending minor created or produced the visual depiction without the knowledge
and consent of any depicted minor;
(3) The visual depiction was subsequently distributed, presented, transmitted, or posted,
by the offending minor, to more than five other persons, whether adult or minor; or
(4) The offending minor has been previously referred for juvenile sexting pursuant to
section 3 of this Act.
Section 5. Any minor, who has committed the offense of aggravated juvenile sexting may,
at the discretion of the court, be adjudicated as a child in need of supervision, pursuant to
chapter 26-8B, or as a delinquent child, pursuant to chapter 26-8C. Such minor may also, at the
discretion of the court, be referred to teen court, remedial education programs, community
service programs, or other juvenile diversion programs.
Section 6. No minor may be compelled to register as a sex offender, pursuant to chapter 22-24B, solely for committing the offense of juvenile sexting or aggravated juvenile sexting.
Section 7. It is not a defense to a violation of section 1 of this Act that the minor's visual
depiction is of himself or herself alone.
Section 8. For the purposes of this Act, a minor is any child less than eighteen years old, but
at least twelve years old.