South Dakota statute
SDCL § 22-22A-3.1 — Aggravated incest--Foster 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-3.1
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 eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:
(1) The licensed foster care provider; or
(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.
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-3.1.
Which South Dakota statute covers aggravated incest?
Aggravated incest is governed by SDCL § 22-22A-3.1 (Aggravated incest--Foster child--Felony).
This reference is informational and is not legal advice.