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In South Dakota, statutory rape includes sexual penetration and contact between an adult and someone younger than The crime is broken into several categories, as explained below. First degree rape includes sexual penetration oral, genital, or anal sex or penetration, however slight between a minor who is younger than 13 years old and a defendant of any age. Fourth degree rape includes sexual penetration between a minor who is at least 13 years old but younger than 16 and a defendant who is at least three years older than the child. Sexual contact with a child younger than 16 includes sexual contact sexual touching, other than penetration, meant to arouse or gratify sexual desire between a minor younger than 16 and a defendant of who is 16 years of age or older.
If the victim was younger than 13, the offense is punishable by a minimum of ten years in prison. State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including some instances of statutory rape must register as sex offenders.
SDLRC - Codified Law
In South Dakota, there is a limited Romeo and Juliet exemption for consensual sex between two minors who are both at least 13 years old and fewer than three years apart in age. This exception shields the minors from felony charges, but one or both of the minors may nonetheless be prosecuted for misdemeanor charges of sexual contact with a child younger than And sexual contact with a child under 13 is always a serious crime. A conviction for engaging in any sexual activity with a minor younger than 13 can result in significant prison time and large fines.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. Here is a tip for using the filter option.
The Laws In Your State: South Dakota
Use a dash - as the last character of your filter to refine searches. For example the filter "" returns sections in , , , , etc. The filter "" returns only sections in Chapter The Get Statute button can be used to locate a specific statute. You may type in a title, chapter, or section number.
Rape and Sexual Assault Crime Definitions. Consent There are a number of factors that determine if a person legally consents, from their age to whether they're incapacitated.
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Mandatory Reporting Do you suspect that a child or elderly person is being sexually abused? Criminal Statutes of Limitations Even if the crime took place years ago, there may still be time to prosecute.
Criminal Statues of Limitations. Termination of Rapists' Parental Rights Find out if your state blocks rapists from asserting parental rights, such as custody and visitation, over children conceived as a result of their crime. Limits on Rapists' Parental Rights.