ENTITLED An Act to provide certain definitions related to the crime of rape.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 22-22 be amended with a NEW SECTION:

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 mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and

(4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.

An Act to provide certain definitions related to the crime of rape.