South Dakota statute
SDCL § 22-22-1.5 — Definitions
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 22: Sex Offenses, South Dakota Codified Laws.
Full text of SDCL § 22-22-1.5
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.
Terms used in this chapter mean:
(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.
Official sources
This reference is informational and is not legal advice.