Criminal Statutes of Limitations
South Dakota

Last Updated: April 2023
Rape Answer

What is the statute of limitations for this crime?

  • Rape in the first degree is a Class C felony if sexual penetration occurs with a victim under 13.
  • Rape in the second degree is a Class 1 felony if sexual penetration occurs through the use of force, coercion, or threats of immediate and great bodily harm against victim or other persons within victim’s presence, accompanied by apparent power of execution.
  • Rape in the third degree is a Class 2 felony if sexual penetration occurs and victim is incapable of giving consent to such act because of physical or mental incapacity (and the perpetrator knows or reasonably should know of the victim’s incapacity), or because of any intoxicating, narcotic, or anesthetic agent or hypnosis (and the perpetrator knows or reasonably should know the victim is incapable of giving consent).
  • Rape in the fourth degree is a Class 3 felony if sexual penetration occurs and victim is at least 13 but under 16, and offender is at least three years older than victim or if sexual penetration occurs without the victim’s consent and the perpetrator knows or reasonably should know the victim is not consenting.

The statute of limitations depends on the degree and class of the crime:

  1. No time limit for first or second degree rape.
  2. No time limit for a Class C felony. 
  3. For third or fourth degree rape, within seven years after commission of the offense or any time prior to the date victim reaches 25, whichever period is longer.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-1.
  2. Citation for the statute of limitations: S.D. Codified Laws § 22-22-1; S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense or any time prior to the date victim reaches 25, whichever period is longer.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.
  2. Citation for the statute of limitations: S.D. Codified Laws § 22-22-7.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.2.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

 

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.4.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.6.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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).

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-7.7.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-24.3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-28.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22-29.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





Incest Answer

What is the statute of limitations for this crime?

Incest is a Class 5 felony.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22A-2.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





Aggravated incest—Related Child Answer

What is the statute of limitations for this crime?

Aggravated incest is a Class 3 felony.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22A-3.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





Aggravated incest—Foster Child Answer

What is the statute of limitations for this crime?

Aggravated incest is a Class 3 felony.

  1. The time limit is within seven years after commission of the offense.

Statutory citation(s):

  1. Citation for the crime: S.D. Codified Laws § 22-22A-3.1.
  2. Citation for the statute of limitations: S.D. Codified Laws § 23A-42-2.





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?
  • S.D. Codified Laws § 23A-42-5 Tolling of limitations period while defendant is out of state:
    • If when or after the offense is committed the defendant is out of the state, the statute of limitations is tolled during the time the defendant is not an inhabitant within the state.








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