South Dakota 2022 Regular Session

South Dakota Senate Bill SB81

Introduced
1/14/22  
Refer
1/14/22  
Report Pass
1/20/22  
Engrossed
1/24/22  
Refer
1/25/22  
Report Pass
3/2/22  
Enrolled
3/7/22  

Caption

Revise the definition of sexual contact for purposes of sexual contact with a child under eighteen by a person in a position of authority.

Impact

The passage of SB81 expands legal definitions and protections regarding sexual offenses against minors, potentially closing loopholes that previously existed in South Dakota's laws. By amending existing statutes to clarify the roles of trusted adults, the bill fortifies the boundaries of acceptable conduct and aims to deter misconduct by those in authority. It also enables the state to pursue charges against offending adults until the victim reaches 25 years of age or within seven years from the crime, thus extending the time frame for legal recourse.

Summary

Senate Bill 81 is legislation aimed at revising the definition of sexual contact as it pertains to interactions between individuals in positions of authority and minors. Specifically, it establishes that individuals 18 years and older, who are at least five years older than their underage victims, can face charges of a Class 6 felony if they knowingly engage in inappropriate contact with minors. This includes a spectrum of positions, such as coaches, healthcare providers, teachers, and law enforcement officers, all responsible for child welfare and protection.

Sentiment

The sentiment surrounding SB81 appears to be supportive among lawmakers, as indicated by the unanimous voting result with 35 yeas and no nays during its passage. This wide agreement suggests there is a collective acknowledgment of the need to enhance protections for children in the state, showcasing a proactive stance toward ensuring safety and accountability. Public response has largely mirrored this sentiment, viewing the bill as a necessary step toward reinforcing child protection laws.

Contention

Despite broad support, there may be some concerns regarding the practicality of enforcing these definitions and the potential implications for those in authority. Critics, while generally supportive of child protection, may argue that the bill's definitions could lead to unintended consequences. Discussions may also arise about how effectively the state is prepared to handle the expanded legal ramifications and the resources available to enforce these changes in law.

Companion Bills

No companion bills found.

Previously Filed As

SD SB115

Revise a provision related to sexual contact with a child under eighteen.

SD HB1128

Revise certain provisions related to sexual contact with a child under sixteen.

SD SB190

Modifying definition of sexual contact

SD HB860

Therapists; create a felony for those who have sexual contact with patients.

SD HB1541

Therapists; create a felony for those who have sexual contact with patients.

SD HB1371

Therapists; create a felony for those who have sexual contact with patients.

SD HB1536

Therapists; create a felony for those who have sexual contact with patients.

SD SB149

Definition of “sexual contact” for purposes of crimes against children and sexual assault and providing a penalty.

SD AB166

Definition of “sexual contact” for purposes of crimes against children and sexual assault and providing a penalty.

SD SB21

Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor

Similar Bills

No similar bills found.