Criminal Statutes of Limitations
South Dakota

• 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.

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.

This crime is a: (a) Class 1 misdemeanor if the victim is at least 13 years of age and offender is less than five years older than victim; and (b) Class 3 felony if the victim is under 16 and offender is 16 years of age or older and knowingly engages in sexual contact with the victim, unless the victim is the offender’s spouse.

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.

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 perpetrated by a person 15 years of age or older, with another person who is 16 years of age or older and is incapable, because of physical or mental incapacity, of consenting to sexual contact is a Class 4 felony.

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

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 a person under 16, by a person under 16, unless his or her spouse, is a Class 1 misdemeanor.

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

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 by an offender who is at least 15 years old, without consent from the other person (other than his or her spouse) who is capable of consenting but has not consented, is a Class 1 misdemeanor.

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.

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 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.

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.

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) or a previous misdemeanor conviction of § 22-22-7 for a violation committed as an adult (sexual contact with person under 16).

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

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.

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. Consent of parents is not a defense.

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

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 with emotionally dependent patient, who is not his or her spouse, by a psychotherapist at the time of contact is a Class 5 felony. Consent by patient is not a defense.

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

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 of emotionally dependent patient, other than his or her spouse, by a psychotherapist at the time of penetration is a Class 4 felony. Consent of patient is not a defense.

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

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 is a Class 5 felony. Incest is defined as persons 18 years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other and:

1. Who are not legally married; and
2. Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6.

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

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.

It is a Class 3 felony to knowingly engaging in an act of sexual penetration with a person who is less than 18 years of age and is either:

1. The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
2. Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6.

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

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.

Knowingly engaging in an act of sexual penetration with a person who is less than 18 years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is a Class 3 felony if the perpetrator is:

1. The licensed foster care provider; or
2. A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

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

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.

• 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.