How South Dakota Can Criminalize Child Sexual Grooming

In 2023, the South Dakota Legislature proposed and rejected Senate Bill 94, which would have criminalized child sexual grooming. South Dakota, like most states, lacks a law that effectively deters potential child sexual abusers from initiating the child sexual abuse process. Other states’ grooming laws have been challenged on constitutional grounds with differing results. This article considers the benefits of grooming laws, the pros and cons associated with other states’ passed legislation, and any issues with Senate Bill 94’s language. The article concludes with a legislative proposal based on child sexual grooming academic theory.