STAYTON, DANI LEE

22-24A-5. Solicitation of a minor--Felony--Assessment. A person is guilty of solicitation of a minor if the person eighteen years of age or older: (1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or (2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section. Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section. A violation of this section is a Class 4 felony. The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section. Some statutes have been amended over the years and may not contain the exact language of the offense that the sex offender was convicted of.

SDCL 22-22A-3 AGGRAVATED INCEST-Prohibited sexual contact-Felony: Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either: (1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator: or (2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to SDCL 25-1-6; is guilty of aggravated incest. Aggravated incest is a Class 3 felony.