State v. Jackson, 371 N.W.2d 341 (S.D. 1985)
In the case State v. Jackson (S.D. 1985), the defendant and his wife operated a club and escort service, and they were accused of inducing employees to engage in prostitution. Two women testified that the defendant personally hired them, arranged for them to provide nude dancing for and to have sexual intercourse with male clients in motel rooms, and then transported them to these encounters. Based on their testimony, the defendant was convicted on two counts of inducing another to become or remain a prostitute. On appeal, the defendant argued that his conviction was improperly based on uncorroborated accomplice testimony. The Supreme Court of South Dakota rejected this claim, holding that the two women could not themselves be convicted of encouraging others to become prostitutes and therefore were not accomplices under the statute. The Court further distinguished between the roles of procurers and customers: A procurer or “pimp" induces and profits financially from prostitution, while a customer seeks only personal sexual gratification. The Court further explained that a defendant may be guilty of procuring without ever being a customer, and that the crime centers on causing another person to engage in prostitution for the defendant’s own personal gain. The Supreme Court affirmed the conviction, finding the evidence sufficient and the jury’s verdict supported by law. This case clarifies South Dakota law on procuring and prostitution, drawing a firm distinction between procurers and customers. It establishes that sex workers are not considered accomplices to the crime of procuring, thereby permitting their testimony to serve as sufficient evidence for conviction.
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- 1985
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