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South Dakota statute

SDCL § 22-22-7.6 — Sexual acts between jail or juvenile correctional facility employees and detainees--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 § 22-22-7.6

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 § 22-22-7.6Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person employed at any jail or juvenile correctional facility, who knowingly engages in an act of sexual contact or sexual penetration with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, and which act of sexual contact or sexual penetration does not otherwise constitute a felony pursuant to the provisions of chapter 22-22, is guilty of a Class 6 felony if the victim is an adult and a Class 4 felony if the victim is a juvenile. A juvenile correctional facility pursuant to this section is a juvenile detention facility as defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections under § 1-15-1.4.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual acts between jail or juvenile correctional facility employees and detainees a felony or a misdemeanor in South Dakota?

It depends on the circumstances: sexual acts between jail or juvenile correctional facility employees and detainees ranges from a Class 6 Felony to a Class 4 Felony in South Dakota under SDCL § 22-22-7.6.

Sexual contact/penetration with adult detainee: Class 6 Felony (SDCL § 22-22-7.6) · Sexual contact/penetration with juvenile detainee: Class 4 Felony (SDCL § 22-22-7.6)

Which South Dakota statute covers sexual acts between jail or juvenile correctional facility employees and detainees?

Sexual acts between jail or juvenile correctional facility employees and detainees is governed by SDCL § 22-22-7.6 (Sexual acts between jail or juvenile correctional facility employees and detainees--Felony).

This reference is informational and is not legal advice.