For purposes of this chapter, a child in need of supervision is a child:
 
   
   (1) Of compulsory school age who is habitually absent from school without legal excuse; 
   
   
   (2) Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian; 
   
   
   (3) Whose behavior or condition endangers the child's own welfare or the welfare of others; 
   
   
   (4) Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a violation of subdivision 
   34-46-2(2) or a petty offense; 
   
   
   (5) Who has violated § 
   32-23-21 or 
   35-9-2; or 
   
   
   (6) Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation. 
   
   
  
    SDC 1939, § 43.0301 (5) as enacted by SL 1968, ch 164, § 1; SL 1991, ch 217, § 141B; SDCL § 26-8-7.1; SL 1994, ch 219, § 2; SL 1996, ch 179, § 1; SL 1998, ch 215, §3; SL 2003, ch 149, §4; SL 2004, ch 218, §2; SL 2019, ch 109, §1. 
   
  
    Amended by S.L. 2019, ch. 109,s. 1, eff. 7/1/2019.