Criminal Statutes of Limitations
South Dakota
Last Updated: April 2023
Rape | Answer |
What is the statute of limitations for this crime? |
The statute of limitations depends on the degree and class of the crime:
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Sexual contact with person under 16 | Answer |
What is the statute of limitations for this crime? |
This crime is a: (a) Class 1 misdemeanor if victim is at least 13 years of age and offender is less than five years older than victim; and (b) Class 3 felony if victim is under 16 and offender is 16 years of age or older and knowingly engages in sexual contact with the victim.
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Sexual contact with person incapable of consent | Answer |
What is the statute of limitations for this crime? |
Sexual contact perpetrated by a person 15 years or older, with another person who is 16 years or older and is incapable of consent is a Class 4 felony.
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Sexual contact with person under 16 by person under 16 | Answer |
What is the statute of limitations for this crime? |
Sexual contact with a person under 16 by a person under 16 is a Class 1 misdemeanor.
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Sexual contact without consent | Answer |
What is the statute of limitations for this crime? |
Sexual contact without consent is a Class 1 misdemeanor and the offender must be at least 15. Sexual contact without consent when the offender is a registered sex offender at the time of the offense is a Class 6 felony.
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Sexual contact or penetration by correctional facility employee with inmate | Answer |
What is the statute of limitations for this crime? |
Sexual contact or penetration by a correctional facility employee with an inmate that does not otherwise constitute a felony under chapter 22-22 is a Class 6 felony if the victim is an adult and a Class 4 felony if the victim is a juvenile.
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Subsequent conviction of rape of or sexual contact with a child under 16 | Answer |
What is the statute of limitations for this crime? |
Class 2 felony if offender has a previous conviction for violation of § 22-22-1(5) (sexual penetration occurs and victim is at least 13 but under 16 and offender is at least three years older than victim) or § 22-22-7 (sexual contact with person under 16).
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Sexual exploitation of a minor | Answer |
What is the statute of limitations for this crime? |
A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that: (1) Is harmful to minors; (2) Involves nudity; or (3) Is obscene. This crime is a Class 6 felony, or a Class 5 felony if the offender is convicted of a second or subsequent violation within 15 years of the prior conviction.
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Sexual contact by psychotherapist | Answer |
What is the statute of limitations for this crime? |
Sexual contact with emotionally dependent patient by a psychotherapist at the time of contact is a Class 5 felony.
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Sexual penetration by psychotherapist | Answer |
What is the statute of limitations for this crime? |
Sexual penetration of emotionally dependent patient by a psychotherapist at the time of penetration is a Class 4 felony.
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Incest | Answer |
What is the statute of limitations for this crime? |
Incest is a Class 5 felony.
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Aggravated incest—Related Child | Answer |
What is the statute of limitations for this crime? |
Aggravated incest is a Class 3 felony.
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Aggravated incest—Foster Child | Answer |
What is the statute of limitations for this crime? |
Aggravated incest is a Class 3 felony.
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Are there any exceptions to the statute of limitations laws? | Answer |
Exceptions | None specified. |
Anything else I should know? | Answer |
Anything else I should know? |
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