ENTITLED An Act to revise certain provisions regarding the crime of rape and provide a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-22-1 be AMENDED:
22-22-1. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:
(1) If the victim is less than thirteen years of age;
(2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution;
(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act and the perpetrator knows or reasonably should know of the victim's incapacity;
(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis and the perpetrator knows or reasonably should know the victim is incapable of giving consent;
(5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or
(6) Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting.
A violation of subdivision (1) is rape in the first degree, which is a Class C felony. A violation of subdivision (2) is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) or (6) is rape in the fourth degree, which is a Class 3 felony.
Notwithstanding the provisions of 23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivision (1) or (2). Otherwise, a charge brought pursuant to this section may be commenced at any time before the victim reaches age twenty-five or within seven years from the commission of the crime, whichever is longer.
An Act to revise certain provisions regarding the crime of rape and provide a penalty therefor.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2023 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2023
ss. Office of the Secretary of State
Filed ____________, 2023 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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