South Dakota statute
SDCL § 22-22A-2 — Incest--Prohibited sexual contact--Felony
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 22A: Offenses Against The Family, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-22A-2
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.
Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:
(1) Who are not legally married; and
(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;
are guilty of incest. Incest is a Class 5 felony.
Official sources
Questions this section answers
Is incest a felony or a misdemeanor in South Dakota?
Incest is a Class 5 Felony in South Dakota under SDCL § 22-22A-2.
Which South Dakota statute covers incest?
Incest is governed by SDCL § 22-22A-2 (Incest--Prohibited sexual contact--Felony).
This reference is informational and is not legal advice.