What is the penalty for a repeat violation of possessing child pornography within 15 years?

The penalty for a repeat violation of possessing child pornography within 15 years is classified as a Class 3 Felony. This classification indicates the seriousness of the offense, particularly when there is a previous conviction within a specific timeframe, which reflects an ongoing risk to children and society.

In South Dakota, repeat offenses carry stricter penalties to deter individuals from continuing to engage in harmful behaviors. A Class 3 Felony typically results in more significant penalties, including longer prison terms and possibly higher fine amounts compared to lower felony classes. The law recognizes that recidivism signifies a deeper underlying issue and thus mandates harsher consequences to protect vulnerable populations and uphold public safety.

This classification serves not only as a punitive measure but also aims to reinforce the message that offenses against children are taken seriously and that the legal system aims to prevent future violations.