ENTITLED, An Act to establish the elements of the offense of juvenile sexting and to provide a
penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No minor, as defined in subdivision 26-7A-1(21), may intentionally create, produce,
distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital
media, any photograph or digitized image or any visual depiction of a minor in any condition of
nudity, as defined in subdivision 22-24A-2(9), or involved in any prohibited sexual act, as defined
in subdivision 22-24A-2(16). Any violation of this section constitutes the offense of juvenile sexting,
which is a Class 1 misdemeanor.
Section 2. It is an affirmative defense to the offense of juvenile sexting that the minor has not
solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post,
print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual
depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile
sexting that the visual depiction is of a single minor, created by that minor, who does not
subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.
Section 3. It is not a defense to the offense of juvenile sexting that the visual depiction is of the
person charged.
An Act to establish the elements of the offense of juvenile sexting and to provide a penalty therefor.
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I certify that the attached Act
originated in the
SENATE as Bill No. 183
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 183
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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