A person generally commits the crime of prostitution by engaging in sexual contact or offering to engage in sexual contact in exchange for money or other consideration.

It is also a criminal offense to solicit (on a person's own behalf, or on behalf of another person), promote, or compel prostitution. For example, most states have laws that make it illegal to buy, sell, or profit from prostitution—which is generally the business of pimps and other human traffickers—known as pimping, pandering, procuring, soliciting, promoting, or compelling prostitution.

Prostitution laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In South Dakota, prostitution and related activities are criminal offenses under state law. According to South Dakota Codified Laws (SDCL), a person commits the crime of prostitution if they engage in, offer to engage in, or agree to engage in sexual activity for money or other consideration (SDCL 22-23-1). Additionally, the law prohibits promoting prostitution, which includes activities such as pimping, pandering, or procuring someone for prostitution (SDCL 22-23-2). Soliciting prostitution, which means seeking out someone to engage in sexual activity for hire, is also illegal (SDCL 22-23-3). The state punishes these offenses with varying degrees of severity, depending on the specific act and circumstances, such as whether the offense involved a minor or was committed within a certain distance of a school. Penalties can range from misdemeanor charges to felony charges with more severe consequences.