Title 22, CRIMES

Terms used in this chapter mean: (1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will; (2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape; (3) "Mental incapacity," a menta…

Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sex…

A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that: (1) Is harmful to minors; (2) Involves nudity; or (3) Is obscene. Consent to performing these proscribed acts by …

The county where an alleged rape or sexual offense occurred shall pay the cost of any forensic medical examination performed on the victim of the alleged rape or sexual offense. The cost of a forensic medical examination includes: (1) Provider, hospital, or clinic services direct…

A person who is convicted of a rape or sexual offense is required, as part of the sentence imposed by the court, to reimburse the county for the cost of any forensic medical examination, pursuant to § 22-22-26 , that was conducted as a result of the rape or sexual offense for whi…

Each hospital and clinic that provides a forensic medical examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of the examination, and to notify any victim of rape or sexual offense of the availabi…

A minor age sixteen or older may consent to a forensic medical examination. The minor's consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section. The hospital or clinic shall take reasonable steps to notif…

A hospital or clinic may provide a forensic medical examination without the consent of a guardian of a protected person, as those terms are defined under § 29A-5-102 , to any protected person who provides informed consent. If a patient has a guardian, the hospital or clinic must …

For the purposes of §§ 22-22-26 to 22-22-26.4 , inclusive, and §§ 22-22-26.6 to 22-22-26.8 , inclusive, the following terms mean: (1) "Forensic medical examination," a medical assessment, administered in accordance with § 22-22-26.6 , with the following components: (a) Examinatio…

A forensic medical examination may be administered only by a: (1) Physician licensed in accordance with chapter 36-4 ; (2) Physician assistant licensed in accordance with chapter 36-4A ; (3) Nurse practitioner licensed in accordance with chapter 36-9A ; or (4) Sexual assault nurs…

A hospital licensed in accordance with chapter 34-12 , except a specialized hospital, shall establish and maintain policies and procedures regarding the administration of forensic medical examinations. The policies and procedures must: (1) State whether the hospital provides fore…

If a clinic provides forensic medical examinations, the clinic must establish and maintain policies and procedures regarding the administration of the examinations. The policies and procedures must: (1) Identify the types of providers who administer the examinations; (2) If a pro…

Terms used in §§ 22-22-28 and 22-22-29 mean: (1) "Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment…

Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is…

Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, co…

No person, for the purpose of that person's sexual gratification, may: (1) Engage in a sexual act with an animal; or (2) Coerce any other person to engage in a sexual act with an animal; or (3) Use any part of the person's body or an object to sexually stimulate an animal; or (4)…

For the purposes of § 22-22-42 , the term, sexual act with an animal, means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the geni…

The provisions of § 22-22-42 do not apply to or prohibit normal, ordinary, or accepted practices involved in animal husbandry, artificial insemination, or veterinary medicine. Source: SL 2003, ch 127 , § 3.

Any person who has been convicted of a felony sex offense as defined in § 22-24B-1 who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense. Threatening to commit a sexual offense is a Class 4…

Any person who knowingly assists, harbors, or conceals a sex offender in eluding law enforcement or provides false information regarding the residence or whereabouts of a sex offender is guilty of a Class 5 felony. Source: SL 2006, ch 121 , § 12.

Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the act…

As used in this chapter, the term, sexual contact, means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either part…

Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a…

Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor. Source: SL 1989, ch 195 , § 2; SL 1990, ch 163 …

No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor. A violation of this sectio…

The court, upon the conviction of any person of a violation of the provisions of chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a…

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 …

If an adult has a previous conviction for violation of subdivision 22-22-1(5), or a previous conviction for a felony violation of § 22-22-7 , or a previous misdemeanor conviction of § 22-22-7 for a violation committed as an adult, any subsequent conviction of subdivision 22-22-1(…

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 fift…