South Dakota criminal charge
Sexual contact with child under sixteen in South Dakota
Sexual contact with child under sixteen is a criminal offense under South Dakota law, defined by SDCL § 22-22-7. 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.
What is the penalty for sexual contact with child under sixteen in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Sexual contact with child under sixteen (general) — A person sixteen or older knowingly engages in sexual contact with a non-spouse under sixteen years of age.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Sexual contact with child under sixteen (general) — A person sixteen or older knowingly engages in sexual contact with a non-spouse under sixteen years of age.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 1 year (Sexual contact with close-in-age victim — The victim is at least thirteen years old and the actor is less than five years older than the victim.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Sexual contact with close-in-age victim — The victim is at least thirteen years old and the actor is less than five years older than the victim.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is sexual contact with child under sixteen classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual contact with child under sixteen (general) | Class 3 Felony | A person sixteen or older knowingly engages in sexual contact with a non-spouse under sixteen years of age. | SDCL § 22-22-7undefined |
| Sexual contact with close-in-age victim | Class 1 Misdemeanor | The victim is at least thirteen years old and the actor is less than five years older than the victim. | SDCL § 22-22-7undefined |
Common questions about sexual contact with child under sixteen in South Dakota
Is sexual contact with child under sixteen a felony or a misdemeanor in South Dakota?
It depends on the circumstances: sexual contact with child under sixteen ranges from a Class 1 Misdemeanor to a Class 3 Felony in South Dakota under SDCL § 22-22-7.
Sexual contact with child under sixteen (general): Class 3 Felony (SDCL § 22-22-7) · Sexual contact with close-in-age victim: Class 1 Misdemeanor (SDCL § 22-22-7)
What are the penalties for sexual contact with child under sixteen in South Dakota?
Which South Dakota statute covers sexual contact with child under sixteen?
Sexual contact with child under sixteen is governed by SDCL § 22-22-7 (Sexual contact with child under sixteen--Felony or misdemeanor).
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.