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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 personWhat makes it a crimeCharge
The younger personUnder thirteenWhat makes it a crimeAny sexual penetrationChargeRape in the first degree, a Class C felony
The younger personThirteen to under sixteenWhat makes it a crimePenetration by someone at least three years olderChargeRape in the fourth degree, a Class 3 felony
The younger personUnder sixteenWhat makes it a crimeSexual contact by someone sixteen or older, not a spouseChargeClass 3 felony, or a Class 1 misdemeanor when the younger one is at least thirteen and the gap is under five years
  • SDCL § 22-22-1
  • SDCL § 22-22-7
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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.

  • SDCL § 22-22-1
  • SDCL § 22-22-7

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.

  • SDCL § 22-22-1
Sources for this section (2)
  1. SDCL § 22-22-1 — Rape--Degrees--Penalty--Statute of limitations
  2. 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.

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