South Dakota criminal charge
Sexual contact without consent with person capable of consenting in South Dakota
Sexual contact without consent with person capable of consenting is a criminal offense under South Dakota law, defined by SDCL § 22-22-7.4. 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 § 22-22-7.4.
What is the penalty for sexual contact without consent with person capable of consenting in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Sexual contact without consent (general) — Applies when a person fifteen or older knowingly engages in nonconsensual sexual contact with a non-spouse who is capable of consenting.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Sexual contact without consent (general) — Applies when a person fifteen or older knowingly engages in nonconsensual sexual contact with a non-spouse who is capable of consenting.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Sexual contact without consent by registered sex offender — Applies when the defendant was registered as a sex offender under chapter 22-24B at the time of the offense.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Sexual contact without consent by registered sex offender — Applies when the defendant was registered as a sex offender under chapter 22-24B at the time of the offense.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is sexual contact without consent with person capable of consenting classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual contact without consent (general) | Class 1 Misdemeanor | Applies when a person fifteen or older knowingly engages in nonconsensual sexual contact with a non-spouse who is capable of consenting. | SDCL § 22-22-7.4undefined |
| Sexual contact without consent by registered sex offender | Class 6 Felony | Applies when the defendant was registered as a sex offender under chapter 22-24B at the time of the offense. | SDCL § 22-22-7.4undefined |
Common questions about sexual contact without consent with person capable of consenting in South Dakota
Is sexual contact without consent with person capable of consenting a felony or a misdemeanor in South Dakota?
It depends on the circumstances: sexual contact without consent with person capable of consenting ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-22-7.4.
Sexual contact without consent (general): Class 1 Misdemeanor (SDCL § 22-22-7.4) · Sexual contact without consent by registered sex offender: Class 6 Felony (SDCL § 22-22-7.4)
What are the penalties for sexual contact without consent with person capable of consenting in South Dakota?
Which South Dakota statute covers sexual contact without consent with person capable of consenting?
Sexual contact without consent with person capable of consenting is governed by SDCL § 22-22-7.4 (Sexual contact without consent with person capable of consenting--Misdemeanor or felony--Separate information).
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.