The bill amends South Dakota law regarding sexual contact with minors under the age of sixteen. It establishes that it is a Class 3 felony for any person aged sixteen or older to knowingly engage in sexual contact with someone under sixteen, with a specific provision that if the victim is at least thirteen and the actor is less than five years older, the offense is classified as a Class 1 misdemeanor. Additionally, the bill allows charges to be brought at any time before the victim reaches the age of twenty-five or within seven years of the crime, whichever is longer.

Furthermore, the definition of "sexual contact" is expanded to include not only touching of the breasts, genitalia, or anus but also the touching of buttocks or upper inner thighs with the intent to arouse or gratify sexual desire. The bill clarifies that practitioners of the healing arts acting within their professional scope are not subject to these provisions, and it places the burden of establishing probable cause on the prosecution in pretrial proceedings.

Statutes affected:
Introduced, 01/29/2025: 22-22-7, 22-22-7.1