Under state laws a person generally commits the criminal offense of solicitation of a minor—also known as solicitation of a minor for lewd purposes—if the person knowingly solicits a minor to meet the person or another person with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the person or another person. These laws are generally located in a state’s statutes—often in the penal or criminal code—and may be prosecuted as a misdemeanor or as a felony offense, depending on the state’s laws and the circumstances of the alleged crime.

And under federal law a person commits the criminal offense of coercion and enticement if the person knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(a).

Similarly, a person commits this criminal offense of coercion and enticement if the person uses the mail or any facility or means of interstate or foreign commerce (including the internet or telephones) to knowingly persuade, induce, entice, or coerce any individual under the age of 18 years to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense—or if a person attempts to do so. 18 U.S.C. §2422(b).

And a person commits the related federal criminal offense of transportation of minors if the person knowingly transports an individual under the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with the intent that the individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. 18 U.S.C. §2423(a).

In South Dakota, solicitation of a minor for lewd purposes is addressed under state statutes, which define the crime as knowingly soliciting a minor to meet with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse. The severity of the charge, whether a misdemeanor or felony, depends on the specific circumstances of the case and the state's laws. Federally, the crime of coercion and enticement under 18 U.S.C. §2422(a) involves persuading, inducing, enticing, or coercing an individual to travel to engage in prostitution or illegal sexual activity, or attempting to do so. When the individual is under 18, the offense is covered by 18 U.S.C. §2422(b), which also includes the use of mail or any means of interstate or foreign commerce for such purposes. Additionally, the federal offense of transportation of minors, under 18 U.S.C. §2423(a), involves the transportation of an individual under 18 with the intent that they engage in prostitution or illegal sexual activity. These federal laws apply when there is an element of interstate or foreign commerce involved in the offense.