| 1 | 1 | | 25.606.13 100th Legislative Session 1128 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | 2025 South Dakota Legislature |
|---|
| 5 | 5 | | House Bill 1128 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | Introduced by: Representative Healy |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Underscores indicate new language. |
|---|
| 15 | 15 | | Overstrikes indicate deleted language. |
|---|
| 16 | 16 | | An Act to revise certain provisions related to sexual contact with a child under 1 |
|---|
| 17 | 17 | | sixteen. 2 |
|---|
| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
|---|
| 19 | 19 | | Section 1. That § 22-22-7 be AMENDED: 4 |
|---|
| 20 | 20 | | 22-22-7. Any Except as provided below, it is a Class 3 felony for any person, 5 |
|---|
| 21 | 21 | | sixteen years of age or older, who to knowingly engages engage in sexual contact with 6 |
|---|
| 22 | 22 | | another person, other than that person's spouse if the other person is under the age of 7 |
|---|
| 23 | 23 | | sixteen years is guilty of a Class 3 felony who is less than sixteen years of age. 8 |
|---|
| 24 | 24 | | If the victim is at least thirteen years of age and the actor is less than five years 9 |
|---|
| 25 | 25 | | older than the victim, the actor is guilty of a Class 1 misdemeanor. 10 |
|---|
| 26 | 26 | | Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be 11 |
|---|
| 27 | 27 | | commenced brought at any time before the victim becomes reaches the age of twenty-12 |
|---|
| 28 | 28 | | five or within seven years of the commission of the crime, whichever is longer. 13 |
|---|
| 29 | 29 | | Section 2. That § 22-22-7.1 be AMENDED: 14 |
|---|
| 30 | 30 | | 22-22-7.1. As used in this chapter, the term , "sexual contact," means any 15 |
|---|
| 31 | 31 | | touching, not amounting to rape, whether or not through clothing or other covering, of 16 |
|---|
| 32 | 32 | | the breasts of a female or the genitalia or anus of any person with the intent to arouse or 17 |
|---|
| 33 | 33 | | gratify the sexual desire of either party. Practitioners For the purpose of § 22-22-7, "sexual 18 |
|---|
| 34 | 34 | | contact" also includes the touching of the buttocks or upper inner thighs of any person 19 |
|---|
| 35 | 35 | | with the intent to arouse or gratify the sexual desire of either party. 20 |
|---|
| 36 | 36 | | A practitioner of the healing arts lawfully practicing within the scope of their 21 |
|---|
| 37 | 37 | | practice, which determination shall be conclusive as against the state and shall be made 22 |
|---|
| 38 | 38 | | by the court prior to trial, are is not included within the provisions of this section. 23 |
|---|
| 39 | 39 | | In any pretrial proceeding under this section, the prosecution has the burden of 24 |
|---|
| 40 | 40 | | establishing probable cause. 25 |
|---|