Definitions of Human Trafficking - South Dakota

Defined in Child Protection Law

Citation: Ann. Laws §§ 26-8A-2; 22-22-24.3

The term 'abused or neglected child' includes a child who is subject to sexual abuse, sexual molestation, or sexual exploitation, as defined in § 22-22-24.3, by the child's parent, guardian, custodian, or any other person responsible for the child's care.

A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that is harmful to minors, involves nudity, or is obscene. Consent to performing these 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.

Definitions of Labor Trafficking

Citation: Ann. Laws §§ 22-49-1; 22-49-3

No person may recruit, harbor, transport, provide, receive, purchase, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under age 18, the crime of human trafficking need not involve force, fraud, or coercion.

For purposes of this section and § 22-49-3, the term 'coercion' may include the following:

• The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person's restraint, isolation, confinement, or abduction
• Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt
• The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function

A person is guilty of human trafficking in the second degree if that person does any of the following:

• Recruits, harbors, transports, provides, receives, purchases, or obtains, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude
• Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section

Definitions of Sex Trafficking of Minors

Citation: Ann. Laws § 22-49-2

A person commits human trafficking in the first degree if any of the following elements are present:

• The act involves committing or attempting to commit kidnapping.
• The act involves a victim younger than age 18.
• The act involves prostitution or procurement for prostitution.
• The act results in the death of a victim.,/li>

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.

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.