age of consent in South Dakota

South Dakota

If an adult age 19 is dating a 15 year old, can he be accused of statutory rape? Or, in other words, if they kiss, or french kiss and do not have intercourse, is it considered to be a crime?

If her parents don't have a problem with them dating, can anyone try and put a charge against them?

Kissing is not defined as "sexual contact" under the South Dakota codified laws and would not be considered illegal.

Any person suspecting abuse of a minor child can file a report with police or family services. It would be up to police to determine if the complaint is valid. Usually this would involve interviewing the parties involved.

The term "Sexual Contact" is used in the South Dakota statutory rape law rather than "sexual intercourse". The term "Sexual contact" is defined below.

22-22-7.1. Sexual contact defined--Exception when within the scope of medical practice. 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 party. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.

Source: SL 1976, ch 158, § 22-4; SL 1982, ch 177, § 2; SL 1993, ch 178, § 5; SL 1997, ch 133, § 2; SL 2004, ch 152, § 1.

22-22-7. Sexual contact with child under sixteen--Felony or misdemeanor. 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 actor is less than three years older than the other person, the actor is guilty of a Class 1 misdemeanor. If an adult has a previous conviction for a felony violation of this section, any subsequent felony conviction for a violation under this section, is a Class 2 felony. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

Source: SL 1950 (SS), ch 3, §§ 1, 2; SL 1955, ch 27; SDC Supp 1960, § 13.1727; SDCL, § 22-22- 8; SL 1976, ch 158, § 22-3; SL 1977, ch 189, § 52; SL 1981, ch 176; SL 1982, ch 176, § 2; SL 1984, ch 165, § 2; SL 1985, ch 181, § 2; SL 1989, ch 194, § 1; SL 1989, ch 195, § 1; SL 1990, ch 162, § 2; SL 1994, ch 166, § 3; SL 2006, ch 121, § 5.


Submitted by Anonymous (not verified) on Fri, 08/10/2012 - 13:07.

Is it illegal for a 14 year old to be in a relationship with a 18 year old, if NO sexual contact is involved? Can they kiss? Can presses be charged on the 18 year old?

Submitted by Anonymous (not verified) on Fri, 04/06/2012 - 01:18.

can a 20 year old get in trouble if a 15 or 16 yr old touches them inapropriate and the 20 year old does nothing?

Submitted by Anonymous (not verified) on Mon, 03/26/2012 - 13:47.

if i am 16 soon to be 17 and am dating a 20 year old is that illegal

Submitted by Anonymous (not verified) on Sat, 01/21/2012 - 15:03.

Can a 17 year old legally date or have sexual contact with a 21 year old in South Dakota?

Submitted by Anonymous (not verified) on Tue, 01/10/2012 - 11:14.

is it illegal if i am 16 and i date someone that is 19. could he get arrested?

Submitted by Anonymous (not verified) on Thu, 07/09/2009 - 13:52.

If a sixteen year old girl was to have sex with a 21 year old, could he get arrested? I was told that if you were over sixteen you could be with someone up to the age of 22 in SD but i'm not sure that's correct.

Submitted by Anonymous (not verified) on Tue, 09/13/2011 - 18:41.

I would love to know this too!!! I'm 16 n the female in a relationship with a 21 year old. I want to know if he can get into any trouble if I willingly have sex with him without my parents approval. Please someone tell us the truth!!!

Submitted by Anonymous (not verified) on Tue, 07/07/2009 - 13:02.

If i am sixteeen and my boyfriend of eight months is eighteen could his step dad file statutory rape? because it is my understanding that only my parents could press charges on that. So if the step dad does call the police what would the police do in the state of new york?

Submitted by dunsailn on Wed, 07/08/2009 - 09:00.

Yes, his Step Dad can file a report with police. In fact, "anyone" can file a report with police if they suspect a violation or crime has been committed by another person against a minor child. It does not have to be a parent or even a relative. Some people who hold specific professional jobs or positions must, by law, report any suspected crime against a minor child.

Regarding your question, "What would the police do in the State of New York?" We can't answer that with any certainty. Much depends on the location and whether police resources are available to investigate the matter. It varies greatly from location to location.

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