reglab/housing_qa huggingface dataset:
SD Codified L § 22-22-1.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-1.3 - Contents of presentence investigation report for person convicted of sex crime.

22-22-1.3. Contents of presentence investigation report for person convicted of sex crime. Any person convicted of a felony violation as provided in subdivisions 22-24B-1(1) to (15), inclusive, and (19), (24) and (25), shall have included in the offender's presentence investigation report a psycho-sexual assessment including the following information: the offender's sexual history; an identification of precursor activities to sexual offending; intellectual, adaptive and academic functioning; social and emotional functioning; previous legal history; previous treatment history; victim selection and age; risk to the community; and treatment options recommended. If a presentence investigation is not prepared, the court shall order a psycho-sexual assessment which shall be made available to the court prior to sentencing. If the offender is sentenced to the state penitentiary, the psycho-sexual assessment shall be attached to the official statement and supplied to the Board of Pardons and Paroles and the warden. Source: SL 1992, ch 164, §2; SL 2005, ch 120, §393; SL 2006, ch 121, §2; SL 2021, ch 98, § 6.
SD Codified L § 22-22-1.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-1.4 - Exception for mitigating circumstances--Factual basis relied upon in writing.

22-22-1.4. Exception for mitigating circumstances--Factual basis relied upon in writing.The sentencing court may impose a sentence other than that which is required by §§22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §22-22-1.2 or 22-6-1.2. The court's finding of mitigating circumstances and the factual basis relied upon by the court shall be in writing. Source: SL 1992, ch 164, §3; SL 2005, ch 120, §394; SL 2006, ch 121, §4.
SD Codified L § 22-22-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-2 - Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted.

22-22-2. Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted.Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause. Source: SDC 1939, §13.2802; SL 1975, ch 169, §2; SL 1980, ch 176, §§1, 2; SL 1986, ch 181; SL 1993, ch 178, §4; SL 1997, ch 133, §1.
SD Codified L § 22-22-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7 - Sexual contact with child under sixteen--Felony or misdemeanor.

22-22-7. Sexual contact with child under sixteen--Felony or misdemeanor.Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor. Notwithstanding §23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. Source: SL 1950 (SS), ch 3, §§1, 2; SL 1955, ch 27; SDC Supp 1960, §13.1727; SDCL §22-22-8; SL 1976, ch 158, §22-3; SL 1977, ch 189, §52; SL 1981, ch 176; SL 1982, ch 176, §2; SL 1984, ch 165, §2; SL 1985, ch 181, §2; SL 1989, ch 194, §1; SL 1989, ch 195, §1; SL 1990, ch 162, §2; SL 1994, ch 166, §3; SL 2006, ch 121, §5; SL 2010, ch 115, §1.
SD Codified L § 22-22-7.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.1 - Sexual contact defined--Exception when within the scope of medical practice.

22-22-7.1. Sexual contact defined--Exception when within the scope of medical practice.As used in this chapter, the term, sexual contact, means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause. Source: SL 1976, ch 158, §22-4; SL 1982, ch 177, §2; SL 1993, ch 178, §5; SL 1997, ch 133, §2; SL 2004, ch 152, §1.
SD Codified L § 22-22-7.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.2 - Sexual contact with person incapable of consenting--Felony.

22-22-7.2. Sexual contact with person incapable of consenting--Felony.Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony. Source: SL 1985, ch 182; SL 2005, ch 120, §396; SL 2013, ch 106, §1.
SD Codified L § 22-22-7.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.3 - Sexual contact with child under sixteen years of age--Violation as misdemeanor.

22-22-7.3. Sexual contact with child under sixteen years of age--Violation as misdemeanor.Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor. Source: SL 1989, ch 195, §2; SL 1990, ch 163; SL 2005, ch 120, §397.
SD Codified L § 22-22-7.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.4 - Sexual contact without consent with person capable of consenting as misdemeanor.

22-22-7.4. Sexual contact without consent with person capable of consenting as misdemeanor.No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor. Source: SL 1991, ch 189; SL 2005, ch 120, §398.
SD Codified L § 22-22-7.5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.5 - Safety zone of child victim of sex crime.

22-22-7.5. Safety zone of child victim of sex crime.The court, upon the conviction of any person of a violation of the provisions of chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a part of the sentence or adjudication, order that the defendant or delinquent child not:(1)Reside within one mile of the victim's residence unless the person is residing in a juvenile detention facility, jail, or state corrections facility;(2)Knowingly or willfully come within one thousand feet of the victim;(3)Attend the same school as the victim; or(4)Have any contact with the victim, whether direct or indirect or through a third party.No condition imposed pursuant to this section applies once the victim attains the age of majority. A violation of any condition imposed pursuant to this section is a Class 6 felony. Source: SL 1997, ch 137, §1; SL 2005, ch 120, §399.
SD Codified L § 22-22-7.6 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.6 - Sexual acts between jail or juvenile correctional facility employees and detainees--Felony.

22-22-7.6. Sexual acts between jail or juvenile correctional facility employees and detainees--Felony.Any person employed at any jail or juvenile correctional facility, who knowingly engages in an act of sexual contact or sexual penetration with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, and which act of sexual contact or sexual penetration does not otherwise constitute a felony pursuant to the provisions of chapter 22-22, is guilty of a Class 6 felony if the victim is an adult and a Class 4 felony if the victim is a juvenile.A juvenile correctional facility pursuant to this section is a juvenile detention facility as defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections under §1-15-1.4. Source: SL 2000, ch 103, §§1, 2; SL 2013, ch 107, §1.
SD Codified L § 22-22-7.7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.7 - Subsequent conviction of rape of or sexual contact with a child under sixteen as felony.

22-22-7.7. Subsequent conviction of rape of or sexual contact with a child under sixteen as felony.If an adult has a previous conviction for violation of subdivision 22-22-1(5), or a previous conviction for a felony violation of §22-22-7, or a previous misdemeanor conviction of §22-22-7 for a violation committed as an adult, any subsequent conviction of subdivision 22-22-1(5) or §22-22-7, is a Class 2 felony. Source: SL 2010, ch 115, §2.
SD Codified L § 22-22-7.8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-7.8 - Sexual contact with child under eighteen--Position of authority--Penalty.

22-22-7.8. Sexual contact with child under eighteen--Position of authority--Penalty. A person is guilty of a Class 6 felony if the person:(1)(a) Is at least eighteen years of age; and(b)Is at least five years older than the victim;(2)Is in a position of authority, as defined in this section; and(3)Knowingly engages in sexual contact with another who is:(a)Less than eighteen years of age; and(b)Not the person's spouse.For purposes of this section, a person is in a position of authority if the person, at the time of the sexual contact, or within the one-hundred-twenty-day period immediately preceding the sexual contact, interacts, no matter how briefly, with the victim as a coach, child care provider, disability services provider, guardian ad litem, health care provider, law enforcement officer, mental health counselor, probation officer, religious leader, school administrator, social worker, teacher, therapist, or youth leader.Notwithstanding § 23A-42-2, a charge pursuant to this section may be brought at any time before the victim reaches the age of twenty-five or within seven years from the commission of the crime, whichever is longer. Source: SL 2021, ch 97, § 1.
SD Codified L § 22-22-24.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-24.3 - Sexual exploitation of a minor--Felonies--Assessment.

22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment.A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:(1)Is harmful to minors;(2)Involves nudity; or(3)Is obscene.Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.The court shall order an assessment pursuant to §22-22-1.3 of any person convicted of violating this section. Source: SL 2002, ch 109, §8; SL 2005, ch 120, §401; SL 2006, ch 121, §7.
SD Codified L § 22-22-26 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-26 - County to pay for forensic medical examinations.

22-22-26. County to pay for forensic medical examinations.The county where an alleged rape or sexual offense occurred shall pay the cost of any forensic medical examination performed by a physician, hospital, or clinic on the victim of the alleged rape or sexual offense. For purposes of the provisions of §§22-22-26 to 22-22-26.2, inclusive, the term, forensic medical examination, includes:(1)Examination of physical trauma;(2)Patient interview, including medical history, triage, and consultation; and(3)Collection and evaluation of evidence, including any photographic documentation; preservation and maintenance of the chain of custody of evidence; medical specimen collection; and any alcohol- or drug-facilitated sexual assault assessment and toxicology screening deemed necessary by the physician, hospital, or clinic. Source: SL 1986, ch. 182; SL 2005, ch 120, §402; SL 2012, ch 126, §1; SL 2013, ch 108, §1; SL 2018, ch 131, §1.
SD Codified L § 22-22-26.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-26.1 - Cost of forensic medical examination--Convicted defendant to reimburse county.

22-22-26.1. Cost of forensic medical examination--Convicted defendant to reimburse county.A person who is convicted of a rape or sexual offense shall be required as part of the sentence imposed by the court to reimburse the county for the cost of any forensic medical examination performed under §22-22-26 resulting from the rape or sexual offense for which the defendant is convicted. The cost of a forensic medical examination to be paid by the county under §22-22-26 and reimbursed to the county under this section shall include:(1)Physician, hospital, or clinic services and fees directly related to the forensic medical examination, including integral forensic supplies;(2)Scope procedures directly related to the forensic medical examination, including anoscopy and colposcopy;(3)Laboratory testing directly related to the forensic medical examination, including drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture, gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C, herpes culture, and any other sexually-transmitted disease testing directly related to the examination;(4)Any medication provided during the forensic medical examination; and(5)Any radiology service directly related to the forensic medical examination. Source: SL 2018, ch 131, §2.
SD Codified L § 22-22-26.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-26.2 - Coordination of payment of cost of forensic medical examinations--Notice to victim--Victim not required to participate.

22-22-26.2. Coordination of payment of cost of forensic medical examinations--Notice to victim--Victim not required to participate.Each physician, hospital, and clinic conducting an examination under §22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of any forensic medical examination performed under §22-22-26 and to notify any victim of rape or sexual offense of the availability of a forensic medical examination at no cost to the victim. A victim of rape or sexual offense is not required to participate in the criminal justice system or to cooperate with law enforcement to be provided with a forensic medical examination without cost to the victim.The amount paid to a physician, hospital, or clinic for a forensic medical exam performed under §22-22-26 may not exceed the actual cost of the forensic medical examination or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary under this section shall be based on Medicaid payment methodology. A physician, hospital, or clinic may not maintain a claim against a county for any amount that exceeds the usual ordinary and reasonable charge for a forensic medical examination, including an amount that is less than the actual cost of the forensic medical examination. If the physician, hospital, or clinic performs forensic medical examinations, or any portion of a forensic medical examination, to persons who are medically indigent residing in the county in which the physician, hospital, or clinic is located at a cost less than the amount provided for in this section, the physician, hospital, or clinic shall furnish the forensic medical examination, or any applicable portion of the forensic medical examination, at the lower cost. Source: SL 2018, ch 131, §3.
SD Codified L § 22-22-26.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-26.4 - Forensic medical examination--Informed Consent--Liability or discipline.

  22-22-26.4  .  Forensic medical examination--Informed Consent--Liability or discipline.   A physician, hospital, or clinic may provide a forensic medical examination, as defined under §22-22-26, without the consent of a guardian of a protected person, as defined under §  29A-5-102  , to any protected person who provides informed consent. If a patient has a guardian, the physician, hospital, or clinic shall make a good faith effort to notify the guardian before the forensic medical examination that the patient provided informed consent for the examination and the examination will take place, unless the guardian is the suspected perpetrator.   A physician, hospital, or clinic who in good faith believes that a patient is incapable of giving informed consent under this section may not be subject to criminal prosecution, civil liability, or professional discipline for failing to follow the patient's direction or for making the determination.   A physician, hospital, or clinic who in good faith believes that a patient is capable of giving informed consent under this section may not be subject to criminal prosecution, civil liability, or professional discipline for following a patient's direction or for making the determination.   For purposes of this section, the term, informed consent, means consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.     Source:  SL 2020, ch 86, § 1.
SD Codified L § 22-22-26.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-26.3 - Forensic medical examination--Minors age sixteen or older--Consent--Notification.

  22-22-26.3  .  Forensic medical examination--Minors age sixteen or older--Consent--Notification.   A minor age sixteen or older may consent to a forensic medical examination, as defined under §22-22-26. The consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section . The physician, hospital, or clinic shall take reasonable steps to notify a minor's parent or guardian that an examination has taken place, unless the parent or guardian is the suspected perpetrator.     Source:  SL 2020, ch 85, § 1.
SD Codified L § 22-22-27 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-27 - Definition of terms--Sex offenses by psychotherapists.

22-22-27. Definition of terms--Sex offenses by psychotherapists.Terms used in §§22-22-28 and 22-22-29 mean:(1)"Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient's ability to withhold consent to sexual acts or contact with the psychotherapist and which the psychotherapist knows or has reason to know exists;(2)"Patient," any person who seeks or obtains psychotherapeutic services from a psychotherapist on a regular and ongoing basis;(3)"Psychotherapist," any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy; and(4)"Psychotherapy," the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. Source: SL 1993, ch 178, §1; SL 2005, ch 120, §403.
SD Codified L § 22-22-28 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-28 - Sexual contact by psychotherapist--Felony.

22-22-28. Sexual contact by psychotherapist--Felony.Any psychotherapist who knowingly engages in sexual contact, as defined in §22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense. Source: SL 1993, ch 178, §2; SL 2005, ch 120, §404.
SD Codified L § 22-22-29 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-29 - Sexual penetration by psychotherapist--Felony.

22-22-29. Sexual penetration by psychotherapist--Felony.Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in §22-22-2, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense. Source: SL 1993, ch 178, §3; SL 2005, ch 120, §405.
SD Codified L § 22-22-42 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-42 - Bestiality--Acts constituting--Commission a felony.

22-22-42. Bestiality--Acts constituting--Commission a felony.No person, for the purpose of that person's sexual gratification, may:(1)Engage in a sexual act with an animal; or(2)Coerce any other person to engage in a sexual act with an animal; or(3)Use any part of the person's body or an object to sexually stimulate an animal; or(4)Videotape a person engaging in a sexual act with an animal; or(5)Kill or physically abuse an animal.Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to §22-24B-1, any subsequent violation of this section is a Class 5 felony. Source: SL 2003, ch 127, §1; SL 2005, ch 120, §406.
SD Codified L § 22-22-43 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-43 - Sexual act with an animal defined--Proof.

22-22-43. Sexual act with an animal defined--Proof.For the purposes of §22-22-42, the term, sexual act with an animal, means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other. A sexual act with an animal may be proved without evidence of penetration. Source: SL 2003, ch 127, §2.