South Dakota House Bill HB1287

South Dakota 2022 Regular Session

• Introduced: 2/1/22
• Refer: 2/4/22
• Report Pass: 2/16/22
• Engrossed: 2/17/22
• Refer: 2/22/22

Caption

Revise certain provisions regarding the crime of rape and provide a penalty therefor.

Impact

The bill presents significant changes to South Dakota laws regarding sexual offenses. It categorizes rape into multiple degrees based on the circumstances of the crime and assigns distinct penalties ranging from Class C felonies for first-degree rape to Class 4 felonies for fifth-degree rape. Furthermore, it removes the statute of limitations for the most severe offenses, enabling prosecution at any time, which likely aims to empower victims and improve their access to justice.

Summary

House Bill 1287 aims to amend the definitions and penalties associated with various degrees of rape within South Dakota's criminal code. It introduces clear definitions for terms such as 'consent', 'force', 'mental incapacity', and 'physical incapacity', thereby clarifying the legal language surrounding sexual offenses. By outlining the different degrees of rape and associated penalties, the bill seeks to establish a more structured approach to prosecuting such crimes, enhancing legal consistency, and aiding law enforcement in application.

Contention

While the bill is primarily focused on providing firmer penalties and clearer definitions, it may raise concerns among legal advocates and civil rights groups regarding due process and the potential for misinterpretation of the definitions of consent and incapacity. Critics might argue that the explicit classifications and removal of statutes could lead to overreach in prosecutions or unintended consequences in how cases are handled, focusing on the balance between victim rights and fair legal proceedings.