This bill amends existing laws related to human trafficking in South Dakota, specifically sections 22-49-1, 22-49-2, and 22-49-3, to enhance penalties and clarify definitions. It establishes that any person who knowingly engages in activities related to human trafficking, such as recruiting or transporting individuals for commercial sex acts or forced labor, is committing a crime. Notably, if the victim is under eighteen years of age, the crime does not require proof of force, fraud, or coercion. The bill also specifies that coercion can include various forms of threats, manipulation, and abuse of legal processes.

Additionally, the bill introduces a new section that criminalizes the obstruction of human trafficking enforcement, making it a Class 4 felony to interfere with the enforcement of the amended human trafficking laws. The penalties for human trafficking offenses are significantly increased, with mandatory minimum sentences established for first and subsequent offenses, including a minimum of fifteen years for first-degree human trafficking and five years for second-degree human trafficking. The bill emphasizes that consent from minors or any misunderstanding regarding their age is not a valid defense against charges of human trafficking.

Statutes affected:
Introduced, 01/10/2025: 22-49-1, 22-49-2, 22-49-3
Enrolled, 03/05/2025: 22-49-1, 22-49-2, 22-49-3