District Sentencing

D.S.D. · Obscenity/Other Sex OffensesFY2018–FY2025

Districts › District of South Dakota

Obscenity/Other Sex Offenses in the District of South Dakota

D.S.D. · Eighth Circuit · Obscenity/Other Sex Offenses nationally

The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.

53cases, FY2025370 over FY2018–FY2025
18median prison monthsnational, this offence: 18
36%within guideline rangenational 53%
—cases with a prison termnational 95%

§ 1Length of prison terms

12%
11%
46%
29%
<10
<10
<10
median 18 mo
under 6 mo6–11 mo1–2 yr2–3 yr3–5 yr5–10 yr10–15 yr15–20 yr20–30 yr30 yr+life
Share of cases with a prison term, by length of the term (369 cases with a prison term; life and terms of 470 months or more counted as life). Grey: obscenity and other sex offences nationally.

Interquartile range 12–24 months; mean 18. 0 cases at the Commission's 470-month cap (life or longer).

§ 2Summary

Obscenity/Other Sex Offenses was the primary offence type in 370 cases sentenced in the District of South Dakota between FY2018 and FY2025 (9% of the district's cases), with 53 in FY2025.

The median prison term was 18 months (1 yr 6 mo), close to the national median for obscenity and other sex offences (18 months) and close to the Eighth Circuit median (18). Half of prison terms fell between 12 and 24 months; — of cases carried a prison term.

36% of these sentences were within the guideline range (nationally for this offence type: 53%); 8% were below the range on a government motion and 55% below it for other reasons.

FY2025 had more cases than FY2018 (53 against 34). The median prison term was about the same in FY2025 as in FY2018.

These are aggregates of past cases. The guideline range for any case depends on its offence level, criminal history and statutory minimums, and the sentence on the court's findings; no figure here estimates an outcome.

§ 3Position relative to the guideline range

Within guideline range 36%Above range <10Below range, government sponsored 8%Below range, other 55%Not determinable 0

§ 4Compared with the district, the circuit and the nation

MeasureD.S.D., obscenity/other sex offensesD.S.D., all offences8th Cir., obscenity/other sex offensesUS, obscenity/other sex offenses
Cases per fiscal year4651384341
Share of district caseload9.0%100%——
Median prison months18381818
Mean prison months1875—21
Cases with a prison term—95%97%95%
Within guideline range36%56%44%53%
Above range—4%5%7%
Below range, government sponsored8%8%10%12%
Below range, other55%32%41%29%
Median final offence level1219—13

§ 5Trend by fiscal year

34
33
26
34
69
55
66
53
’18’19’20’21’22’23’24’25
Obscenity/Other Sex Offenses cases sentenced per fiscal year (fiscal years 2018–2025)
18
24
18
19
15
18
18
18
’18’19’20’21’22’23’24’25
Median prison months by fiscal year (fiscal years 2018–2025)
Fiscal yearCasesPrisonMedian monthsWithin rangeBelow, gov.Below, otherAbove
FY201834100%1841%—56%0%
FY201933100%2461%—30%—
FY202026100%18——65%0%
FY202134100%1938%—56%0%
FY202269100%1533%—54%—
FY202355—1833%—60%0%
FY202466100%1827%—68%0%
FY202553100%1836%—47%0%

§ 6Criminal history

Category I3% · 12%
Category II7% · 15%
Category III21% · 25%
Category IV21% · 19%
Category V21% · 13%
Category VI27% · 16%

Share of cases at each final criminal history category; grey figure: obscenity and other sex offences nationally.

§ 7Guidelines applied

Primary guidelines the Commission associates with this offence type, with the district's caseload under each across all offence types.

§ 8Questions and answers

What is the typical sentence for obscenity and other sex offences in the District of South Dakota?

The median prison term over FY2018–FY2025 was 18 months (1 yr 6 mo), with the middle half of terms between 12 and 24 months. — of cases carried a prison term. The national median for obscenity and other sex offences is 18 months.

How often are obscenity and other sex offences sentenced below the guideline range here?

8% of sentences were below the range on a government motion and 55% below it for other reasons; 36% were within the range. The Commission's categories are explained in the guide to how the guidelines work.

How does this compare with the rest of the country?

Nationally, obscenity and other sex offences had a median prison term of 18 months and a within-range share of 53% over the same period. The district's figures are close to on median term and lower than the national within-range share.

Which guidelines are involved?

The most common primary guidelines for these cases are §2A3.5, §none and §2X3.1.

Is this a prediction for a particular case?

No. The figures are aggregates of sentences already imposed, as recorded by the US Sentencing Commission. They are not legal advice and do not estimate the outcome of any case.

§ 9Other offence types in the District of South Dakota

§ 10Provenance

Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Offence type is the Commission's OFFGUIDE code 24; district is CIRCDIST 62. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.