| 1 | 1 | | 25.514.11 100th Legislative Session 1207 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1207 |
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| 12 | 12 | | Introduced by: Representative Ismay |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to revise and repeal provisions related to rape in the first degree and to 1 |
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| 17 | 17 | | provide a penalty therefor. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That § 22-22-1 be AMENDED: 4 |
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| 20 | 20 | | 22-22-1. Rape is an act of sexual penetration accomplished with any person under 5 |
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| 21 | 21 | | any of the following circumstances: 6 |
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| 22 | 22 | | (1) If the victim is less than thirteen years of age; 7 |
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| 23 | 23 | | (2) Through the use of force, coercion, or threats of immediate and great bodily harm 8 |
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| 24 | 24 | | against the victim or other persons within the victim's presence, accompanied by 9 |
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| 25 | 25 | | apparent power of execution; 10 |
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| 26 | 26 | | (3) If the victim is incapable, because of physical or mental incapacity, of giving 11 |
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| 27 | 27 | | consent to such act and the perpetrator knows or reasonably should know of the 12 |
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| 28 | 28 | | victim's incapacity; 13 |
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| 29 | 29 | | (4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or 14 |
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| 30 | 30 | | anesthetic agent or hypnosis and the perpetrator knows or reasonably should know 15 |
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| 31 | 31 | | the victim is incapable of giving consent; 16 |
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| 32 | 32 | | (5) If the victim is thirteen years of age, but less than sixteen years of age, and the 17 |
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| 33 | 33 | | perpetrator is at least three years older than the victim; or 18 |
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| 34 | 34 | | (6) Without the victim's consent and the perpetrator knows or reasonably should know 19 |
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| 35 | 35 | | the victim is not consenting. 20 |
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| 36 | 36 | | A violation of subdivision (1) is rape in the first degree, which is a Class C B felony. 21 |
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| 37 | 37 | | A violation of subdivision (2) is rape in the second degree, which is a Class 1 felony. A 22 |
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| 38 | 38 | | violation of subdivision (3) or (4) is rape in the third degree, which is a Class 2 felony. A 23 |
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| 39 | 39 | | violation of subdivision (5) or (6) is rape in the fourth degree, which is a Class 3 felony. 24 |
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| 40 | 40 | | Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to 25 |
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| 41 | 41 | | any charge brought pursuant to subdivision (1) or (2). Otherwise, a charge brought 26 25.514.11 2 1207 |
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| 42 | 42 | | Underscores indicate new language. |
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| 43 | 43 | | Overstrikes indicate deleted language. |
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| 44 | 44 | | pursuant to this section may be commenced at any time before the victim reaches age 1 |
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| 45 | 45 | | twenty-five or within seven years from the commission of the crime, whichever is longer. 2 |
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| 46 | 46 | | Section 2. That § 22-22-1.4 be AMENDED: 3 |
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| 47 | 47 | | 22-22-1.4. The sentencing court may impose a sentence other than that which is 4 |
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| 48 | 48 | | required by §§ 22-22-1.2 and 22-6-1.2 and 22-22-7 if the court finds that mitigating 5 |
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| 49 | 49 | | circumstances exist which that require a departure from the mandatory sentence imposed 6 |
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| 50 | 50 | | by §§ 22-22-1.2 or 22-6-1.2 or 22-22-7. The court's finding of mitigating circumstances 7 |
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| 51 | 51 | | and the factual basis relied upon by the court shall be in writing. 8 |
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| 52 | 52 | | Section 3. That § 22-22-7 be AMENDED: 9 |
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| 53 | 53 | | 22-22-7. Any person, sixteen years of age or older, who knowingly engages in 10 |
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| 54 | 54 | | sexual contact with another person, other than that person's spouse if the other person is 11 |
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| 55 | 55 | | under the age of sixteen years, is guilty of a Class 3 felony. If the victim is at least thirteen 12 |
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| 56 | 56 | | years of age and the actor is less than five years older than the victim, the actor is guilty 13 |
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| 57 | 57 | | of a Class 1 misdemeanor. Notwithstanding § 23A-42-2, a charge brought pursuant to this 14 |
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| 58 | 58 | | section may be commenced at any time before the victim becomes age twenty -five or 15 |
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| 59 | 59 | | within seven years of the commission of the crime, whichever is longer. 16 |
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| 60 | 60 | | If an adult is convicted of a violation of this section and the victim is less than 17 |
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| 61 | 61 | | thirteen years of age, the court must impose a minimum sentence of ten years for a first 18 |
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| 62 | 62 | | offense. 19 |
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| 63 | 63 | | Section 4. That § 22-22-1.2 be REPEALED. 20 |
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| 64 | 64 | | If any adult is convicted of any of the following violations, the court shall impose 21 |
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| 65 | 65 | | the following minimum sentences: 22 |
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| 66 | 66 | | (1) For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and 23 |
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| 67 | 67 | | (2) For a violation of § 22-22-7 if the victim is less than thirteen years of age, ten 24 |
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| 68 | 68 | | years for a first offense. 25 |
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