This bill revises the legal definitions and penalties associated with various degrees of rape and sexual offenses in South Dakota. It amends the existing statute 22-22-1 to classify rape in the first degree as a Class B felony, while establishing rape in the second degree as a Class 1 felony, and rape in the third and fourth degrees as Class 2 and Class 3 felonies, respectively. The bill also eliminates the statute of limitations for charges related to first and second-degree rape, allowing such charges to be brought at any time. Additionally, it amends the sentencing provisions in 22-22-1.4 to allow courts to impose alternative sentences if mitigating circumstances are found, and it introduces a mandatory minimum sentence of ten years for adults convicted of sexual contact with victims under thirteen years of age.

Furthermore, the bill repeals the previous minimum sentencing requirements outlined in 22-22-1.2, which mandated specific minimum sentences for certain offenses. The new language clarifies that if an adult is convicted of engaging in sexual contact with a victim under the age of thirteen, a minimum sentence of ten years must be imposed for a first offense. The bill also modifies the penalties for sexual contact offenses in 22-22-7, establishing that individuals aged sixteen or older who engage in such conduct with a minor under sixteen are guilty of a Class 3 felony, while those whose victims are at least thirteen and within five years of their age may be charged with a Class 1 misdemeanor.

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