2022 Senate Bill 77 - SD Legislature enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.

ENTITLED An Act to enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   22-22-7.4 be AMENDED:

22-22-7.4. No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor. A violation of this section by a person registered as a sex offender pursuant to chapter 22-24B at the time of the offense is a Class 6 felony.

An allegation that a defendant is registered as a sex offender pursuant to chapter 22-24B must be filed as a separate information at the time of, or before, arraignment. The separate information must state the time and place of the defendant's conviction and the specific sex crime that resulted in the defendant's conviction. The separate information must be signed by the prosecutor.

An Act to enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.

I certify that the attached Act originated in the: Senate as Bill No. 77 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 77 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2022 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2022 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2022 at _________ o'clock __M. Secretary of State By Asst. Secretary of State