Is this illegal to text nude photos 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?
01/29/2017   |   Category: Mobile Phones ยป Sexting   |   State: South Dakota   |   #31207

Answer:

South Dakota sets out a defense to the offense of juvenile sexting as set forth below.

South Dakota Statutes
Title 26. MINORS
Chapter 10. Offenses By And Against Minors
Current through 2016 Legislative Session
 
§ 26-10-34. Defenses to juvenile sexting

It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile sexting that the visual depiction is of a single minor, created by that minor, who does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.

Cite as SDCL 26-10-34

Source: SL 2012, ch 148, §2.