South Dakota legal term
Consent in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Consent” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.
What does “Consent” mean in South Dakota criminal law?
(1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will; (2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape; (3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and (4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting. (SDCL § 22-22-1.5)
Statutes defining or using this term
Charges using this term
- Branding of a minor prohibited
- Intentional damage to property
- Prohibited recording or manipulated image
- Taking, enticing away, or keeping of unmarried minor child by parent
- Alteration or removal of serial number
- Commercial bribery
- Disarming law enforcement officer
- Eavesdropping
- Female genital mutilation
- Fraudulent assisted reproduction
- Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony
- Private indecent exposure
Related terms in the same statutes
This reference is informational and is not legal advice.