South Dakota criminal charge
Rape in South Dakota
Rape is a criminal offense under South Dakota law, defined by SDCL § 22-22-1. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-22-1.
What is the penalty for rape in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Rape in the first degree (victim under 13) — Applies when the victim is less than thirteen years of age.; up to life imprisonment in a state correctional facility | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Rape in the first degree (victim under 13) — Applies when the victim is less than thirteen years of age.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 50 years (Rape in the second degree (force, coercion, or threats) — Applies when the act is accomplished through force, coercion, or threats of immediate and great bodily harm.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Rape in the second degree (force, coercion, or threats) — Applies when the act is accomplished through force, coercion, or threats of immediate and great bodily harm.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 25 years (Rape in the third degree (incapacity) — Applies when the victim is incapable of giving consent due to physical/mental incapacity or due to an intoxicating, narcotic, or anesthetic agent or hypnosis, and the perpetrator knows or should know of that incapacity.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Rape in the third degree (incapacity) — Applies when the victim is incapable of giving consent due to physical/mental incapacity or due to an intoxicating, narcotic, or anesthetic agent or hypnosis, and the perpetrator knows or should know of that incapacity.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 15 years (Rape in the fourth degree (underage victim or lack of consent) — Applies when the victim is 13 but under 16 and the perpetrator is at least three years older, or when the act is without the victim's consent and the perpetrator knows or should know of the lack of consent.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Rape in the fourth degree (underage victim or lack of consent) — Applies when the victim is 13 but under 16 and the perpetrator is at least three years older, or when the act is without the victim's consent and the perpetrator knows or should know of the lack of consent.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is rape classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Rape in the first degree (victim under 13) | Class C Felony | Applies when the victim is less than thirteen years of age. | SDCL § 22-22-1undefined |
| Rape in the second degree (force, coercion, or threats) | Class 1 Felony | Applies when the act is accomplished through force, coercion, or threats of immediate and great bodily harm. | SDCL § 22-22-1undefined |
| Rape in the third degree (incapacity) | Class 2 Felony | Applies when the victim is incapable of giving consent due to physical/mental incapacity or due to an intoxicating, narcotic, or anesthetic agent or hypnosis, and the perpetrator knows or should know of that incapacity. | SDCL § 22-22-1undefined |
| Rape in the fourth degree (underage victim or lack of consent) | Class 3 Felony | Applies when the victim is 13 but under 16 and the perpetrator is at least three years older, or when the act is without the victim's consent and the perpetrator knows or should know of the lack of consent. | SDCL § 22-22-1undefined |
Common questions about rape in South Dakota
Is rape a felony or a misdemeanor in South Dakota?
It depends on the circumstances: rape ranges from a Class 3 Felony to a Class C Felony in South Dakota under SDCL § 22-22-1.
Rape in the first degree (victim under 13): Class C Felony (SDCL § 22-22-1) · Rape in the second degree (force, coercion, or threats): Class 1 Felony (SDCL § 22-22-1) · Rape in the third degree (incapacity): Class 2 Felony (SDCL § 22-22-1) · Rape in the fourth degree (underage victim or lack of consent): Class 3 Felony (SDCL § 22-22-1)
What are the penalties for rape in South Dakota?
Penalties for rape in South Dakota depend on how it is classified — from a Class 3 Felony up to a Class C Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers rape?
Rape is governed by SDCL § 22-22-1 (Rape--Degrees--Penalty--Statute of limitations).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.