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Is receiving nude pictures from my boyfriend illegal in South Dakota?

Is receiving nude pictures from my boyfriend illegal in South Dakota?

Full question:

I am 16 and receive nude pictures from my boyfriend by text but I do not keep them or show them to other people. Is this illegal in South Dakota?

Category: Mobile Phones
Subcategory: Sexting
Date: 04/07/2025
State: South Dakota

Answer:

In South Dakota, there are defenses for juvenile sexting. According to South Dakota law, it is an affirmative defense if:

You did not ask for the nude pictures.
You do not share, distribute, or show the pictures to anyone.
You delete or destroy the pictures within a reasonable time after receiving them.

Additionally, if the picture is of a single minor and created by that minor without further distribution, this also serves as a defense. (SDCL 26-10-34)

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What type of sexting is illegal?

Sexting can be illegal if it involves sharing, distributing, or showing nude images of minors without consent. In many states, including South Dakota, it is illegal to send or receive nude images of individuals under 18, unless certain defenses apply, such as those outlined in South Dakota law. Always consider the age of the individuals involved and the context of the images shared.

Is sexting illegal in South Dakota?

Yes, sexting can be illegal in South Dakota, particularly if it involves minors. South Dakota law prohibits the distribution of nude images of individuals under 18. However, there are defenses available for juveniles under specific circumstances, such as not sharing the images or deleting them promptly. It's important to understand the legal implications based on the situation.

Is unsolicited sexting illegal?

In what states is sexting illegal?

Is sexting a form of harassment?

Is sexting breaking the law?

Sexting can break the law, especially if it involves minors or non-consensual sharing of images. In South Dakota, laws prohibit sending or receiving nude images of individuals under 18. Legal consequences may arise if the images are shared without consent or if they involve minors. Always be aware of the legal context of sexting.

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