AgeOfConsent
Subsequent conviction of rape of or sexual contact with a child under 16 - South Dakota Sexual Assault Laws
In South Dakota, the criminal charge of Subsequent conviction of rape of or sexual contact with a child under 16 is classified as a Statutory Class 2 felony.
In South Dakota, the criminal charge of Subsequent conviction of rape of or sexual contact with a child under 16 is classified as a Statutory Class 2 felony.
Subsequent conviction of rape of or sexual contact with a child under 16 Crime & Punishment in South Dakota :
The South Dakota code § 22-22-7.7 defines one degrees of the crime subsequent conviction of rape of or sexual contact with a child 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 | Subsequent conviction of rape of or sexual contact with a child under 16 - Charge Description | Punishment |
|---|---|---|
|
Class 2 felony STATUTORY |
If offender has a previous conviction for violation of § 22-22-1(5) (sexual penetration occurs and victim is at least 13 but under 16 and offender is at least three years older than victim) or § 22-22-7 | A maximum of 25 years in prison and a maximum of $50,000 in fines |
South Dakota law allows subsequent conviction of rape of or sexual contact with a child 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.
Subsequent conviction of rape of or sexual contact with a child under 16 is a charge that is unique to South Dakota. Crimes that would be prosecuted as subsequent conviction of rape of or sexual contact with a child under 16 in South Dakota will be prosecuted under a different statute depending on the state in which the crime takes place.