South Dakota criminal charge
Sexual acts between jail or juvenile correctional facility employees and detainees in South Dakota
Sexual acts between jail or juvenile correctional facility employees and detainees is a criminal offense under South Dakota law, defined by SDCL § 22-22-7.6. 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 § 22-22-7.6.
What is the penalty for sexual acts between jail or juvenile correctional facility employees and detainees in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Sexual contact/penetration with adult detainee — Applies when the victim of the sexual contact or penetration is an adult in detention under the person's custodial, supervisory, or disciplinary authority.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Sexual contact/penetration with adult detainee — Applies when the victim of the sexual contact or penetration is an adult in detention under the person's custodial, supervisory, or disciplinary authority.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Sexual contact/penetration with juvenile detainee — Applies when the victim of the sexual contact or penetration is a juvenile in detention under the person's custodial, supervisory, or disciplinary authority.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Sexual contact/penetration with juvenile detainee — Applies when the victim of the sexual contact or penetration is a juvenile in detention under the person's custodial, supervisory, or disciplinary authority.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is sexual acts between jail or juvenile correctional facility employees and detainees classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual contact/penetration with adult detainee | Class 6 Felony | Applies when the victim of the sexual contact or penetration is an adult in detention under the person's custodial, supervisory, or disciplinary authority. | SDCL § 22-22-7.6undefined |
| Sexual contact/penetration with juvenile detainee | Class 4 Felony | Applies when the victim of the sexual contact or penetration is a juvenile in detention under the person's custodial, supervisory, or disciplinary authority. | SDCL § 22-22-7.6undefined |
Common questions about sexual acts between jail or juvenile correctional facility employees and detainees in South Dakota
Is sexual acts between jail or juvenile correctional facility employees and detainees a felony or a misdemeanor in South Dakota?
It depends on the circumstances: sexual acts between jail or juvenile correctional facility employees and detainees ranges from a Class 6 Felony to a Class 4 Felony in South Dakota under SDCL § 22-22-7.6.
Sexual contact/penetration with adult detainee: Class 6 Felony (SDCL § 22-22-7.6) · Sexual contact/penetration with juvenile detainee: Class 4 Felony (SDCL § 22-22-7.6)
What are the penalties for sexual acts between jail or juvenile correctional facility employees and detainees in South Dakota?
Penalties for sexual acts between jail or juvenile correctional facility employees and detainees in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 4 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 sexual acts between jail or juvenile correctional facility employees and detainees?
Sexual acts between jail or juvenile correctional facility employees and detainees is governed by SDCL § 22-22-7.6 (Sexual acts between jail or juvenile correctional facility employees and detainees--Felony).
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.