The Age of Consent
SDCL § 22-22-1 — sixteen, with a three year gap for rape and a five year gap for contact
| The younger person | What makes it a crime | Charge |
|---|---|---|
| The younger personUnder thirteen | What makes it a crimeAny sexual penetration | ChargeRape in the first degree, a Class C felony |
| The younger personThirteen to under sixteen | What makes it a crimePenetration by someone at least three years older | ChargeRape in the fourth degree, a Class 3 felony |
| The younger personUnder sixteen | What makes it a crimeSexual contact by someone sixteen or older, not a spouse | ChargeClass 3 felony, or a Class 1 misdemeanor when the younger one is at least thirteen and the gap is under five years |
Who handles this in South Dakota: legal aid programs and the state offices, listed in the South Dakota directory.
A charge for fourth degree rape or sexual contact may be brought any time before the victim turns twenty five, or within seven years, whichever is longer.
Registration and other sex offenses are in other sections not covered here. A charge, or the worry of one, is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 22-22-1 — Rape--Degrees--Penalty--Statute of limitations
- SDCL § 22-22-7 — Sexual contact with child under sixteen--Felony or misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.