AgeOfConsent
Sexual contact with person under 16 - South Dakota Sexual Assault Laws
Sexual contact with person under 16 Crime & Punishment in South Dakota :
The South Dakota code § 22-22-7 defines two degrees of the crime sexual contact with person under 16, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
| Severity | Sexual contact with person under 16 - Charge Description | Punishment |
|---|---|---|
|
Class 1 misdemeanor STATUTORY |
If victim is under 16 and offender is less than five years older than victim. | |
|
Class 3 felony STATUTORY |
If victim is under 16 and offender is 16 years of age or older. | A maximum of 15 years in prison and a maximum of $30,000 in fines |
South Dakota law allows sexual contact with person under 16 to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the South Dakota Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
Sexual contact with person under 16 is a charge that is unique to South Dakota. Crimes that would be prosecuted as sexual contact with person under 16 in South Dakota will be prosecuted under a different statute depending on the state in which the crime takes place.