Skip to main content
US Criminal Defense.org
Menu

South Dakota statute

SDCL § 22-22-7 — Sexual contact with child under sixteen--Felony or misdemeanor

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 § 22-22-7

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 § 22-22-7Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual contact with child under sixteen a felony or a misdemeanor in South Dakota?

It depends on the circumstances: sexual contact with child under sixteen ranges from a Class 1 Misdemeanor to a Class 3 Felony in South Dakota under SDCL § 22-22-7.

Sexual contact with child under sixteen (general): Class 3 Felony (SDCL § 22-22-7) · Sexual contact with close-in-age victim: Class 1 Misdemeanor (SDCL § 22-22-7)

Which South Dakota statute covers sexual contact with child under sixteen?

Sexual contact with child under sixteen is governed by SDCL § 22-22-7 (Sexual contact with child under sixteen--Felony or misdemeanor).

This reference is informational and is not legal advice.