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SOUTH DAKOTA SEXUAL OFFENSES

Sex Crimes where the Victims are Minors

Statutory Rape / Child Molestation

  • 22-22-1(1) First Degree Rape Any person who engages in sexual penetration with any person under 10 years old. (**Note this has been amended, effective 7/1/06, to increase the relevant age of victim to 13) (Class 1 Felony)
  • 22-22-1(5); (7) Third Degree Rape Any person who engages in sexual penetration with a person 10 or older but under 16 years old and where defendant is 3+ years older than victim; or, any person who engages in sexual penetration with a person 10 or older but under 18 and where victim is the child of a spouse or former spouse. (**Note this has been amended, effective 7/1/06, to increase the minimum age of victim to 13) (Class 3 Felony)
  • 22-22-7 Any person 16+ who engages in sexual contact with any person under 16 years old. (Class 3 Felony, unless defendant is less than 3 years older than victim, then Class 1 Misdemeanor)

Other South Dakota State Statutes

 

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