reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-1 - Stalking--Violation as misdemeanor--Second or subsequent offense a felony.

22-19A-1. Stalking--Violation as misdemeanor--Second or subsequent offense a felony.
No person may:
(1)Willfully, maliciously, and repeatedly follow or harass another person;
(2)Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or
(3)Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.
A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.
Source:
SL 1992, ch 162, §1; SL 1993, ch 176, §1; SL 1997, ch 132, §1; SL 2001, ch 112, §1; SL 2002, ch 109, §5; SL 2006, ch 120, §1; SL 2020, ch 83, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-2 - Violation of restraining order, injunction, protection order, or no contact order as felony.

22-19A-2. Violation of restraining order, injunction, protection order, or no contact order as felony.
Any person who violates §22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to §25-10-23 or 25-10-25 in effect prohibiting the behavior described in §22-19A-1 against the same party, is guilty of a Class 6 felony.
Source:
SL 1992, ch 162, §2; SL 1993, ch 176, §2; SL 1994, ch 164; SL 2013, ch 120, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-3 - Stalking--Subsequent convictions--Violation as felony.

22-19A-3. Stalking--Subsequent convictions--Violation as felony.
A person who has a second or subsequent conviction occurring within seven years of a prior conviction under §22-19A-1, 22-19A-2, or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of §22-19A-1, 22-19A-2, or 22-19A-7 and involving an act of violence, or a credible threat of violence, and occurring within seven years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.
Source:
SL 1992, ch 162, §3; SL 1993, ch 176, §3; SL 2020, ch 83, § 2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-4 - Harasses defined.

22-19A-4. Harasses defined.
For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.
Source:
SL 1992, ch 162, §4; SL 1993, ch 176, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-5 - Course of conduct defined.

22-19A-5. Course of conduct defined.
For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct.
Source:
SL 1992, ch 162, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-6 - Credible threat defined.

22-19A-6. Credible threat defined.
For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally.
Source: SL 1992, ch 162, §6; SL 1993, ch 176, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-7 - Stalking a child twelve or younger--Felony.

22-19A-7. Stalking a child twelve or younger--Felony.
Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking. Felonious stalking is a Class 6 felony.
Source:
SL 1993, ch 176, §6; SL 2002, ch 108, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-8 - Petition for protection order--Procedures.

22-19A-8. Petition for protection order--Procedures.
There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:
(1)A petition under this section may be made against any person who violates §22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;
(2)A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;
(3)A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.
Source:
SL 1997, ch 131, §1; SL 2000, ch 101, §2; SL 2002, ch 129, §2; SL 2007, ch 143, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-8.1 - Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury.

22-19A-8.1. Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury.
If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to §22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to §25-10-3, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under §25-10-3 and subject to the provisions of chapter 25-10.
Source:
SL 2014, ch 126, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-9 - Filing petition for protection--Venue.

22-19A-9. Filing petition for protection--Venue.
A petition for relief under §§22-19A-8 to 22-19A-16, inclusive, may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides.
Source:
SL 1997, ch 131, §2; SL 2008, ch 108, §1, eff. Feb. 19, 2008.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-10 - Hearing on petition for protection--Time--Service on respondent.

22-19A-10. Hearing on petition for protection--Time--Service on respondent.
Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.
Source:
SL 1997, ch 131, §3; SL 2009, ch 131, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-11 - Relief granted by protection order.

22-19A-11. Relief granted by protection order.
Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:
(1)Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9);
(2)Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.
Source:
SL 1997, ch 131, §4; SL 2000, ch 101, §3; SL 2007, ch 161, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-12 - Ex parte temporary order pending full hearing on petition for protection.

22-19A-12. Ex parte temporary order pending full hearing on petition for protection.
If an affidavit filed with an application under §22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9). An ex parte temporary protection order is effective for a period of thirty days unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:
(1)The parties stipulate to an additional continuance; or
(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing.
Source:
SL 1997, ch 131, §5; SL 2000, ch 101, §4; SL 2009, ch 132, §2; SL 2016, ch 142, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-13 - Exceptional circumstances required before security authorized.

22-19A-13. Exceptional circumstances required before security authorized.
The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances.
Source:
SL 1997, ch 131, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-14 - Modification of terms of protection order.

22-19A-14. Modification of terms of protection order.
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.
Source:
SL 1997, ch 131, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-15 - Delivery of protection order to law enforcement agency--Notice of order to officers.

22-19A-15. Delivery of protection order to law enforcement agency--Notice of order to officers.
The petitioner may deliver an order for protection granted pursuant to §§22-19A-8 to 22-19A-16, inclusive, within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to §§22-19A-8 to 22-19A-16, inclusive.
Source:
SL 1997, ch 131, §8.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-16 - Protection order--Violation--Penalty.

22-19A-16. Protection order--Violation--Penalty.
If a temporary protection order or a protection order is granted pursuant to §§22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.
If the acts constituting a violation of this section also constitute an assault, as defined in §22-18-1, the violation of this section is a Class 6 felony.
If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, §21-65-19, or §25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any proceeding under §§22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.
Source:
SL 1997, ch 131, §9; SL 2004, ch 150, §1; SL 2015, ch 128, §1; SL 2020, ch 76, § 2; SL 2021, ch 90, § 2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-17 - Defendant prohibited from contacting victim prior to court appearance--Misdemeanor.

22-19A-17. Defendant prohibited from contacting victim prior to court appearance--Misdemeanor.
While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.
Source:
SL 2000, ch 102, §1; SL 2010, ch 114, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19A - Stalking › Section 22-19A-18 - Bond--No contact terms--Misdemeanor.

22-19A-18. Bond--No contact terms--Misdemeanor.
If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor.
Source:
SL 2010, ch 114, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19B - Hate Crimes › Section 22-19B-1 - Malicious intimidation or harassment--Felony.

22-19B-1. Malicious intimidation or harassment--Felony.
No person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin:
(1)Cause physical injury to another person; or
(2)Deface any real or personal property of another person; or
(3)Damage or destroy any real or personal property of another person; or
(4)Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.
A violation of this section is a Class 6 felony.
Source:
SL 1993, ch 177, §1; SL 2005, ch 120, §181.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19B - Hate Crimes › Section 22-19B-2 - Deface defined.

22-19B-2. Deface defined.
For purposes of this chapter, the term, deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission.
Source:
SL 1993, ch 177, §2; SL 2005, ch 120, §182.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19B - Hate Crimes › Section 22-19B-4 - Preventing practice of religion--Misdemeanor.

22-19B-4. Preventing practice of religion--Misdemeanor.
Any person who, by threats or violence, intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion which such person professes is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1702; SL 1976, ch 158, §27-1; SDCL, §22-27-1; SL 2005, ch 120, §§286, 288.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 19B - Hate Crimes › Section 22-19B-5 - Compelling practice of religion--Misdemeanor.

22-19B-5. Compelling practice of religion--Misdemeanor.
Any person who intentionally attempts, by threats or violence, to compel another person to adopt, practice, or profess any particular form of religious belief is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1703; SL 1976, ch 158, §27-2; SDCL, §22-27-2; SL 2005, ch 120, §§287, 288.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 21 - Invasions Of Privacy › Section 22-21-1 - Eavesdropping--Privacy--Misdemeanor.

22-21-1. Eavesdropping--Privacy--Misdemeanor.
No person may, except as authorized by law:
(1)Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or
(2)Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation.
A person who violates this section is guilty of a Class 1 misdemeanor. Subdivision (2) does not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties.
Source: SDC 1939, §13.1425; SL 1976, ch 158, §
21-1
; SL 1977, ch 189, §49; SL 2017, ch 202, §5; SL 2020, ch 84, § 1; SL 2021, ch 95, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 21 - Invasions Of Privacy › Section 22-21-3 - Window peeking on private property of another--Violation as misdemeanor.

22-21-3. Window peeking on private property of another--Violation as misdemeanor.
No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §21-2; SL 1977, ch 189, §50; SL 1992, ch 163.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 21 - Invasions Of Privacy › Section 22-21-4 - Record--Privacy--Manipulated image--Violation.

22-21-4. Record--Privacy--Manipulated image--Violation.
No person may:
(1)Use any device to photograph or visually record:
(a)Any other person without clothing or under or through the clothing, or with another person depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, that other person;
(b)Without the consent or knowledge of that other person; and
(c)With the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy;
(2)Use, disclose, or disseminate, by any means, any recording or photograph in violation of subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person; or
(3)Knowingly and intentionally disseminate or sell any image or recording of another person:
(a)That has been intentionally manipulated to create a realistic but false image or recording that would cause a reasonable person to mistakenly believe that the image or recording is authentic;
(b)That depicts the person as totally nude; in a state of undress to expose the genitals, pubic area, buttocks, or female breast; or with another person in a sexual act;
(c)Without the consent or knowledge of the person whose image is depicted; and
(d)With the intent to self-gratify, to harass, or embarrass and invade the privacy of the person whose image is depicted.
A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years of age at the time the photograph or recording is made.
Source: SL 2004, ch 151, §1; SL 2011, ch 116, §1; SL 2016, ch 123, §1; SL 2020, ch 87, §4; SL 2021, ch 96, §1; SL 2022, ch 63, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 21 - Invasions Of Privacy › Section 22-21-5 - Service providers not liable.

22-21-5. Service providers not liable.
Nothing in §22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as those terms are defined under federal law.
Source:
SL 2016, ch 123, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-1 - Rape--Degrees--Penalty--Statute of limitations.

22-22-1. Rape--Degrees--Penalty--Statute of limitations.
Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:
(1)If the victim is less than thirteen years of age;
(2)Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution;
(3)If the victim is incapable, because of physical or mental incapacity, of giving consent to such act and the perpetrator knows or reasonably should know of the victim's incapacity;
(4)If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis and the perpetrator knows or reasonably should know the victim is incapable of giving consent;
(5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or
(6)Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting.
A violation of subdivision (1) is rape in the first degree, which is a Class C felony. A violation of subdivision (2) is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) or (6) is rape in the fourth degree, which is a Class 3 felony.
Notwithstanding the provisions of §23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivision (1) or (2). Otherwise, a charge brought pursuant to this section may be commenced at any time before the victim reaches age twenty-five or within seven years from the commission of the crime, whichever is longer.
Source: SDC 1939, §§13.2801, 13.2803; SDCL §22-22-5; SL 1972, ch 154, §21; SL 1975, ch 169, §§1, 5; SL 1976, ch 158, §22-1; SL 1977, ch 189, §51; SL 1978, ch 158, §10; SL 1980, ch 175; SL 1982, ch 176, §1; SL 1984, ch 165, §1; SL 1984, ch 167, §2; SL 1985, ch 179; SL 1985, ch 181, §1; SL 1988, ch 187; SL 1989, ch 194, §2; SL 1990, ch 161, §2; SL 1990, ch 162, §1; SL 1991, ch 24, §8; SL 1994, ch 165, §2; SL 1994, ch 166, §2; SL 2000, ch 100, §1; SL 2005, ch 120, §390; SL 2012, ch 125, §1; SL 2023, ch 70, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-1.2 - Minimum sentences for rape or sexual contact with child.

22-22-1.2. Minimum sentences for rape or sexual contact with child.
If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences:
(1)For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and
(2)For a violation of §22-22-7 if the victim is less than thirteen years of age, ten years for a first offense.
Source:
SL 1992, ch 164, §1; SL 2005, ch 120, §392; SL 2006, ch 121, §1.
2023 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 a state correctional facility, 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; SL 2023, ch 82, §13.
2023 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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 22 - Sex Offenses › Section 22-22-1.5 - Definitions.

22-22-1.5. Definitions.
Terms used in this chapter mean:
(1)"Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;
(2)"Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;
(3)"Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and
(4)"Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.
Source: SL 2023, ch 71, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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--Misdemeanor or felony--Separate information.

22-22-7.4. Sexual contact without consent with person capable of consenting--Misdemeanor or felony--Separate information.
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. A violation of this section by a person registered as a sex offender pursuant to chapter 22-24B at the time of the offense is a Class 6 felony.
An allegation that a defendant is registered as a sex offender pursuant to chapter 22-24B must be filed as a separate information at the time of, or before, arraignment. The separate information must state the time and place of the defendant's conviction and the specific sex crime that resulted in the defendant's conviction. The separate information must be signed by the prosecutor.
Source: SL 1991, ch 189; SL 2005, ch 120, §398; SL 2022, ch 64, §1.
2023 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.
2023 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.
2023 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.
2023 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, or touches the buttocks or upper inner thighs with the intent to arouse or gratify the sexual desire of either party, 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; SL 2022, ch 65, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.