South Dakota statute
SDCL § 22-22-7.8 — Sexual contact with child under eighteen--Penalty--Position of authority--Family member--Limitation
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 § 22-22-7.8
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.
A person is guilty of a Class 6 felony if the person:
(1) Is at least eighteen years of age;
(2) Is at least five years older than the victim;
(3) Is in a position of authority, as defined in this section, or is a family member related by consanguinity or affinity within the fifth degree, as defined by § 23A-20-30, to the victim; and
(4) Knowingly engages in sexual contact, or touches the buttocks or upper inner thighs of the victim with the intent to arouse or gratify the sexual desire of the person or the victim, with a victim who is:
(a) Less than eighteen years of age; and
(b) Not the person's spouse.
For purposes of this section, a person is in a position of authority if the person, at the time of the sexual contact, or within the one-hundred-twenty-day period immediately preceding the sexual contact, interacts, no matter how briefly, with the victim as a coach, child care provider, disability services provider, guardian ad litem, health care provider, law enforcement officer, mental health counselor, probation officer, religious leader, school administrator, social worker, teacher, therapist, or youth leader.
Notwithstanding § 23A-42-2, a charge pursuant to this section may be brought at any time before the victim reaches the age of twenty-five or within seven years from 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 eighteen a felony or a misdemeanor in South Dakota?
Sexual contact with child under eighteen is a Class 6 Felony in South Dakota under SDCL § 22-22-7.8.
Which South Dakota statute covers sexual contact with child under eighteen?
Sexual contact with child under eighteen is governed by SDCL § 22-22-7.8 (Sexual contact with child under eighteen--Penalty--Position of authority--Family member--Limitation).
This reference is informational and is not legal advice.