South Dakota Prostitution Laws

Is prostitution legal in South Dakota?

South Dakota prostitution laws make it a crime to either buy or sell sexual services. Prostitution is a misdemeanor in South Dakota.

South Dakota Prostitution Laws


Prostitution Laws of South Dakota

  • 22-23-1: Prostitution--Misdemeanor
  • 22-23-1.1: Sexual activity defined
  • 22-23-2: Promoting prostitution--Felony
  • 22-23-8: Pimping--Renting for prostitution--Felony
  • 22-23-9: Hiring for sexual activity--Misdemeanor


22-23-1: Prostitution--Misdemeanor

Any person who engages in or offers to engage in sexual activity for a fee is guilty of prostitution. Prostitution is a Class 1 misdemeanor.

22-23-1.1: Sexual activity defined

As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2, and sexual contact, as defined in § 22- 22-7.1.

22-23-2: Promoting prostitution--Felony

Any person who:

(1) Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute;

(2) Promotes the prostitution of a minor; or

(3) Promotes the prostitution of his or her spouse, child, ward, or other dependant person; is guilty of promoting prostitution. Promoting prostitution is a Class 5 felony.

22-23-8: Pimping--Renting for prostitution--Felony

Any person who:

(1) Solicits another person to patronize a prostitute;

(2) Procures a prostitute for a patron;

(3) Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose;

(4) Knowingly permits a place owned, managed, supervised, or controlled by himself or herself, alone, or in association with others, to be regularly used for prostitution or the promotion of prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or

(5) Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything prohibited by this section; is guilty of a Class 6 felony.

22-23-9: Hiring for sexual activity--Misdemeanor

Any person who hires or attempts to hire another person for a fee to engage in sexual activity is guilty of a Class 1 misdemeanor.