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 no person may knowingly engage in activities related to human trafficking, including recruiting or transporting individuals for commercial sex acts or forced labor, and specifies that if the victim is under eighteen, the crime does not require proof of force, fraud, or coercion. The bill also expands the definition of "coercion" to include various forms of threats and abuse, and it stipulates that consent from a minor or their guardians is not a valid defense against charges of human trafficking.

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 provisions. The penalties for human trafficking offenses are also strengthened, with mandatory minimum sentences for first and subsequent offenses, including a Class 2 felony for first-degree human trafficking and a Class 3 felony for second-degree human trafficking. Overall, the bill aims to strengthen the legal framework against human trafficking and ensure stricter enforcement and penalties for offenders.

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