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South Dakota criminal charge

Sexual contact with person incapable of consenting in South Dakota

Class 4 FelonyCurrent through 2026 South Dakota legislative session

Sexual contact with person incapable of consenting is a Class 4 Felony under South Dakota criminal law, defined by SDCL § 22-22-7.2. As a Class 4 Felony, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.

Defined by SDCL § 22-22-7.2.

What is the penalty for sexual contact with person incapable of consenting in South Dakota?

Penalties for Sexual contact with person incapable of consenting
PenaltyRangeBasisAuthority
Jail / prisonup to 10 years (no statutory minimum)discretionarySDCL § 22-6-1
Fineup to $20,000 (no statutory minimum)discretionarySDCL § 22-6-1

Applies to current.

Common questions about sexual contact with person incapable of consenting in South Dakota

Is sexual contact with person incapable of consenting a felony or a misdemeanor in South Dakota?

Sexual contact with person incapable of consenting is a Class 4 Felony in South Dakota under SDCL § 22-22-7.2.

What are the penalties for sexual contact with person incapable of consenting in South Dakota?

As a Class 4 Felony, sexual contact with person incapable of consenting carries up to 10 years (no mandatory minimum) of incarceration and a fine of up to $20,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

Which South Dakota statute covers sexual contact with person incapable of consenting?

Sexual contact with person incapable of consenting is governed by SDCL § 22-22-7.2 (Sexual contact with person incapable of consenting--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.