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South Dakota Laws on Rape

Disclaimer: If you need legal counsel or advice, please seek out a lawyer or an individual with legal expertise immediately.

Rape in the first degree is defined as sexual penetration with an individual under 13 years old.

  • Class C Felony (maximum life imprisonment, 50k fine, potential restraining orders, etc)

Rape in the second degree is defined as sexual penetration via force, threats, coercion, and any type of bodily harm.

  • Class 1 Felony (Maximum penalty of 50 years imprisonment, 50k fine, etc)

Rape in the third degree is defined as sexual penetration when the victim is not capable of consenting due to various reasons like mental disabilities, drugs, and more.

  • Class 2 Felony (Maximum penalty of 25 years imprisonment, 50k fine, etc)

Rape in the fourth degree is defined as sexual penetration with a victim ages 13-15 and the offender must be 3 years older than the victim.

  • Class 3 Felony (Maximum penalty of 15 years imprisonment, 30k fine, potential restraining order, etc)









https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=South%20Dakota&group=3


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