This bill amends existing laws regarding the definitions and penalties associated with various degrees of rape and sexual offenses in South Dakota. It revises the classification of rape in the first degree from a Class C felony to a Class B felony, while establishing that rape in the second degree is a Class 1 felony, and rape in the third and fourth degrees are classified as Class 2 and Class 3 felonies, respectively. Additionally, the bill removes the statute of limitations for charges related to first and second-degree rape, allowing such charges to be brought at any time.

Furthermore, the bill introduces a mandatory minimum sentence of ten years for adults convicted of engaging in sexual contact with a victim under the age of thirteen. It also repeals previous provisions that mandated specific minimum sentences for certain offenses, thereby allowing the sentencing court more discretion in determining appropriate penalties based on mitigating circumstances. The amendments aim to strengthen legal protections for victims and ensure that offenders are held accountable for their actions.

Statutes affected:
Introduced, 01/31/2025: 22-22-1, 22-22-1.4, 22-22-7, 22-22-1.2