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 less than sixteen years old, with a 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 the touching of 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 the scope of their practice are not included in these provisions. It also places the burden of establishing probable cause on the prosecution during pretrial proceedings related to these offenses.

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