South Dakota Child Enticement Laws

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South Dakota addresses child enticement where adults seek to engage in some form of illegal sexual contact with a minor child.  For a person over18 years, will be guilty of child enticement if it can be proven in a court of law, and beyond a reasonable doubt, that he or she has met the following elements:

• Solicitation, enticement, luring, or seduction;
• Of a minor or a person reasonably believed to be a minor;
• To engage in prohibited sexual acts;
• Via a computer; or
• Who gets digital information on said minor;
• For the purpose of engaging in prohibited sexual act.

Penalties for Child Enticement South Dakota

Defendants in South Dakota that have been convicted for will be guilty of a level four felony. Class four felonies carry a maximum sentence of ten years imprisonment and /or imposition of a $20,000 fine. Defendants will also be required to register as a sex offender with the state.

Defense of Child Enticement in South Dakota

Individuals charged with child enticement in South Dakota may be able to assert a number of defenses to avoid criminal prosecution.  Defenses must be proven by the defendant beyond a reasonable doubt in order to exonerate the defendant from criminal charges.

• The accused was under duress from another person due to threats of or use of unlawful force that could not be resisted;
• Involuntary intoxication;
• The accused is mentally incapacitated by a mental defect or disease that renders them incapable of determining right from wrong.

Attempted Child Enticement in South Dakota

A person will be found guilty of attempt to entice of child if acting with the intent to commit the crime of child enticement, he or she take substantial acts towards completing the crime of child enticement.   Substantial acts are considered those that are strongly correlated to the person’s state of mind to complete the crime.

When to Talk to a Lawyer

Being charged with a crime is no laughing matter.  Take away some of the sting by discovering what your rights are. Only an attorney licensed to practice law in your state can provide you with the legal advice and counsel that you need to adequately protect your rights and defenses.