Title 22, CRIMES

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…

Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to: (1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be livin…

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 v…

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 …

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…

No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A viola…

Terms used in this section and §§ 22-22A-6 to 22-22A-8 , inclusive, mean: (1) "Assisted reproduction procedure," a method of causing pregnancy, other than through sexual intercourse, including in vitro fertilization and transfer of embryos, intracytoplasmic sperm injection, and i…

It is a Class 5 felony for a licensed health care provider, in the performance of an assisted reproduction procedure, to: (1) Knowingly cause the use of reproductive material from a donor if the patient did not give written consent to receive the reproductive material from the do…

The following individuals may bring a civil action against a licensed health care provider for performing an assisted reproduction procedure in violation of § 22-22A-6 : (1) The patient who gives birth to a child as a result of the assisted reproduction procedure; (2) The survivi…

Notwithstanding any other provision of law, an individual shall commence a civil action pursuant to § 22-22A-7 no later than five years after: (1) The eighteenth birthday of the child born as a result of the assisted reproduction procedure; or (2) The earliest of the dates on whi…

A person who is eighteen years of age or older and who engages in or offers to engage in sexual activity for a fee or other compensation is guilty of prostitution, a Class 1 misdemeanor. Source: SDC 1939, § 13.1717; SL 1976, ch 158 , § 23-1 ; SL 1977, ch 189 , § 53; SL 1985, ch 1…

As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2 , and sexual contact, as defined in § 22-22-7.1 . Source: SDCL, § 22-23-1 as added by SL 1976, ch 158 , § 23-1 ; SL 2005, ch 120 , § 176.

It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another per…

Any person who: (1) Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute; (2) Promotes the prostitution of a minor; or (3) Promotes the prostitution of his or her spouse, child, ward, or other dependant person; is guilty of promoti…

Any person who: (1) Solicits another person to patronize a prostitute; (2) Procures a prostitute for a patron; (3) Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose; (4) Knowingly permits a place owned…

A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor. A person who is convicted of, or has pled guilty to, one or more violations of this section or § 22-23-2 in the previous ten year…

A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes his or her anus or genitals in a public place where another may be present who will…

A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's condu…

If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a child. …

A person commits the crime of private indecent exposure if: (1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person; (2) The person is in a place where another person has a reasonable expectation of …

Except as provided in § 22-24-37 , nothing contained in this chapter limits any county or municipality from regulating obscene material or obscene live conduct within its jurisdiction. Source: SL 1968, ch 29 , § 14; SL 1974, ch 61 , § 2; SL 1976, ch 158 , § 24-2 ; SL 1978, ch 162…

Any county or municipality may provide, by ordinance, for a contemporary community standards test to regulate the sale, distribution, and use of obscene material and to regulate obscene live conduct in any commercial establishment or public place within its jurisdiction. Source: …

Terms used in §§ 22-24-25 to 22-24-37 , inclusive, and §§ 22-24-69 to 22-24-73 , inclusive, mean: (1) "Contemporary community standard," the contemporary community standard of the state in which the question of obscenity is to be tested, by the average person, of the state; (2) "…

Any person who disseminates material harmful to minors is guilty of a Class 1 misdemeanor. Source: SL 1968, ch 29 , §§ 3, 9 (b); SDCL Supp, §§ 22-24-13, 22-24-20; SL 1974, ch 165 , § 18; SL 1976, ch 158 , § 24-6 .

A person is guilty of disseminating material that is harmful to minors if the person knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or if the person knowingly sells or loans to a minor for monetary consideration, any mater…

No person may knowingly distribute, display, sell, or exhibit for sale in any public place any magazine, book, or newsprint displaying or containing obscene material on its cover or material unless the magazine, book, or newsprint is wrapped and sealed so that no more than its ti…

A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly: (1) Exhibits such motion pict…

In any prosecution for disseminating material harmful to minors, it is an affirmative defense that: (1) The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or ap…

A person is guilty of a Class 1 misdemeanor if that person knowingly misrepresents that he or she is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors. Source: SL 1974,…

A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors. Source: SL 1974, ch 165 , § 19 (2); SL 1976, ch 158 , § 24-8 ; SL 2005, ch 1…

If more than one article or item of material prohibited under §§ 22-24-27 to 22-24-37 , inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article …

The provisions of §§ 22-24-27 to 22-24-37 , inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs: (1) In the course of law enforce…