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South Dakota statute

SDCL § 22-22-28 — Sexual contact by psychotherapist--Felony

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

Full text of SDCL § 22-22-28

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 § 22-22-28Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual contact by psychotherapist a felony or a misdemeanor in South Dakota?

Sexual contact by psychotherapist is a Class 5 Felony in South Dakota under SDCL § 22-22-28.

Which South Dakota statute covers sexual contact by psychotherapist?

Sexual contact by psychotherapist is governed by SDCL § 22-22-28 (Sexual contact by psychotherapist--Felony).

This reference is informational and is not legal advice.