Under South Dakota Codified Laws § 22-23-1 it is a crime for any person 18 years of age or older to engage in sexual activity for a fee or other compensation, including intercourse, oral or anal sex, or other sexual contact intended to gratify desire. It is also unlawful to hire or attempt to hire another for prostitution. An affirmative defense exists if the defendant was compelled through human trafficking or threats of bodily harm. Violations are a Class 1 misdemeanor, which is punishable by up to one year in jail, a $2,000 fine, or both.
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