South Dakota statute

SDCL § 22-22-1 — Rape--Degrees--Penalty--Statute of limitations

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 22: Sex Offenses, South Dakota Codified Laws.

Criminal charges under this statute

Rape

Full text of SDCL § 22-22-1

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-22-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)

Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (1) If the victim is less than thirteen years of age; (2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; (3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act and the perpetrator knows or reasonably should know of the victim's incapacity; (4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis and the perpetrator knows or reasonably should know the victim is incapable of giving consent; (5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or (6) Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting. A violation of subdivision (1) is rape in the first degree, which is a Class C felony. A violation of subdivision (2) is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) or (6) is rape in the fourth degree, which is a Class 3 felony. Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivision (1) or (2). Otherwise, a charge brought pursuant to this section may be commenced at any time before the victim reaches age twenty-five or within seven years from the commission of the crime, whichever is longer.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

Is rape a felony or a misdemeanor in South Dakota?

It depends on the circumstances: rape ranges from a Class 3 Felony to a Class C Felony in South Dakota under SDCL § 22-22-1.

Rape in the first degree (victim under 13): Class C Felony (SDCL § 22-22-1) · Rape in the second degree (force, coercion, or threats): Class 1 Felony (SDCL § 22-22-1) · Rape in the third degree (incapacity): Class 2 Felony (SDCL § 22-22-1) · Rape in the fourth degree (underage victim or lack of consent): Class 3 Felony (SDCL § 22-22-1)

Which South Dakota statute covers rape?

Rape is governed by SDCL § 22-22-1 (Rape--Degrees--Penalty--Statute of limitations).

This reference is informational and is not legal advice.