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South Dakota statute

SDCL § 22-22-7.4 — Sexual contact without consent with person capable of consenting--Misdemeanor or felony--Separate information

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 § 22-22-7.4

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 § 22-22-7.4Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor. A violation of this section by a person registered as a sex offender pursuant to chapter 22-24B at the time of the offense is a Class 6 felony. An allegation that a defendant is registered as a sex offender pursuant to chapter 22-24B must be filed as a separate information at the time of, or before, arraignment. The separate information must state the time and place of the defendant's conviction and the specific sex crime that resulted in the defendant's conviction. The separate information must be signed by the prosecutor.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual contact without consent with person capable of consenting a felony or a misdemeanor in South Dakota?

It depends on the circumstances: sexual contact without consent with person capable of consenting ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-22-7.4.

Sexual contact without consent (general): Class 1 Misdemeanor (SDCL § 22-22-7.4) · Sexual contact without consent by registered sex offender: Class 6 Felony (SDCL § 22-22-7.4)

Which South Dakota statute covers sexual contact without consent with person capable of consenting?

Sexual contact without consent with person capable of consenting is governed by SDCL § 22-22-7.4 (Sexual contact without consent with person capable of consenting--Misdemeanor or felony--Separate information).

This reference is informational and is not legal advice.