South Dakota Sexual Assault Laws

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South Dakota has defined seventeen crimes that are used to prosecute sexual assault and related crimes within the state. Statutory laws can be used to prosecute offences that are related to the victim being below the South Dakota Age of Consent, while non-statutory rape laws are often used to prosecute offences in which force or coercion was used by the assailant.

Choose any law for further information on the legal definition, charge severities (felony, misdemeanor, etc) and punishments associated with the criminal charge.

Aggravated incest- Foster Child STATUTORY
South Dakota state law § 22-22A-3.1, Class 3 felony

Aggravated incest- Related Child
South Dakota state law § 22-22A-3, Class 3 felony

Criminal Pedophilia STATUTORY
South Dakota state law § 22-22-30.1, Class 1 felony

Incest
South Dakota state law § 22-22A-2, Class 5 felony

Rape- first degree STATUTORY
South Dakota state law § 22-22-1, Class C felony

Rape- fourth degree STATUTORY
South Dakota state law § 22-22-1, Class 3 felony

Rape- second degree
South Dakota state law § 22-22-1, Class 1 felony

Rape- third degree
South Dakota state law § 22-22-1, Class 2 felony

Sexual contact or penetration by correctional facility employee with inmate
South Dakota state law § 22-22-7.6, Class 6 felony

Sexual contact with emotionally dependent patient by psychotherapist
South Dakota state law § 22-22-28, Class 5 felony

Sexual contact with person incapable of consent
South Dakota state law § 22-22-7.2, Class 4 felony

Sexual contact with person under 16 STATUTORY
South Dakota state law § 22-22-7, Class 1 misdemeanor; Class 3 felony

Sexual contact with person under 16 by person under 16 STATUTORY
South Dakota state law § 22-22-7.3, Class 1 misdemeanor

Sexual contact without consent
South Dakota state law § 22-22-7.4, Class 1 misdemeanor

Sexual exploitation of a minor STATUTORY
South Dakota state law § 22-22-24.3, Class 5 felony; Class 6 felony

Sexual penetration of emotionally dependent patient by psychotherapist
South Dakota state law § 22-22-29, Class 4 felony

Subsequent conviction of rape of or sexual contact with a child under 16 STATUTORY
South Dakota state law § 22-22-7.7, Class 2 felony

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