The bill amends existing laws regarding the definitions and penalties associated with various degrees of rape and sexual offenses in South Dakota. Specifically, it reclassifies the penalties for rape in the first degree from a Class C felony to a Class B felony, while establishing that violations of certain subdivisions will result in varying degrees of felony charges, including Class 1, Class 2, and Class 3 felonies for different circumstances. Additionally, the bill introduces a provision that eliminates the statute of limitations for charges related to first-degree and second-degree rape, allowing such charges to be brought at any time.

Furthermore, the bill modifies the sentencing guidelines for sexual contact offenses involving minors, establishing that adults convicted of engaging in sexual contact with individuals under the age of sixteen will face a Class 3 felony charge, with specific conditions for lesser penalties based on the age difference between the victim and the perpetrator. A new requirement mandates a minimum sentence of ten years for adults convicted of sexual offenses against victims under thirteen years of age. The bill also repeals previous minimum sentencing requirements, streamlining the judicial process for determining appropriate penalties based on mitigating circumstances.

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