South Dakota statute
SDCL § 22-22A-3 — Aggravated incest--Related child--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-3
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 person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:
(1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
(2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;
is guilty of aggravated incest. Aggravated incest is a Class 3 felony.
Official sources
Legal terms used in this section
Questions this section answers
Is aggravated incest a felony or a misdemeanor in South Dakota?
Aggravated incest is a Class 3 Felony in South Dakota under SDCL § 22-22A-3.
Which South Dakota statute covers aggravated incest?
Aggravated incest is governed by SDCL § 22-22A-3 (Aggravated incest--Related child--Felony).
This reference is informational and is not legal advice.