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What is Statutory Rape Law and Punishments in South Dakota?

If it is said that people owe their peace of mind to the laws that have been put in place and are implemented, it may not be an exaggeration because it is due to such laws they get the protection they need. Though there are hundreds of such laws, the statutory rape law is unique because it safeguards the interests of women as well as children to a significant extent. Several countries have enacted this law in the list of which the United States of America finds a place also. Let us now look at the South Dakota statutory rape law. Let us also look at the potential punishments that are meted out to the convicts according to this law.

South Dakota Statutory Rape Law

What is South Dakota statutory rape law?

An adult is said to have committed the crime of statutory rape if she or he has sex with a person who is below the age of 16. This sexual act is illegal even if the person with whom the adult has had sex has consented to it. The premise of the law is that minors do not possess the capability to give informed or well-thought-out consent to such sexual acts.

It is their incapability that may have led the legal experts to coin the phrase “statutory” rape. Though the age when a minor can give her or his consent to such acts varies from one state to another, it is 16 in the case of South Dakota statutory rape law. 

Important clauses in South Dakota Statutory Rape Law and potential punishments for the convicts.

According to the South Dakota statutory rape law, the crime mainly consists of sexual penetration and sexual contact between a person who is an adult and another person below the age of 16. There are several categories in this crime.

Statutory Rape Law South Dakota

Category 1 - First-degree rape

The category of first-degree rape consists of sexual penetration of all types that include oral penetration, anal, or genital penetration and even slight penetration between a person regardless of her or his age and a minor below the age of sex. This category of crime comes under a Class-C felony. The punishment meted out to the convict for this category of crime is a fine that may be up to $50,000, a minimum of 15 years of imprisonment, or life imprisonment, or both.

Category 2 - Fourth-degree rape

The category of fourth-degree rape consists of sexual penetration, the act of which is committed between a person who is between the age of 13 and 16 and another person who is three or more years elder. This crime comes under a Class-3 felony. The person committing this crime can face imprisonment up to 15 years, $30,000 fine, or both.

Category 3 - Class-3 felony

This category consists of sexual contacts with children below the age of 16 and this crime mainly includes sexual touching with an intention to arouse sexual desire or to gratify such a desire. But this does not involve penetration. The defendant should be 16 years or older. Punishment for the convict for this class-3 felony is fine up to an amount of $30,000, imprisonment up to 15 years, or both. If the rape victim is below the age of 13, punishment for the offense is imprisonment for a minimum period of ten years. Registration as a sex offender.

South Dakota Rape Laws,

According to the South Dakota laws, a person who is convicted of a sex offense that comes under a few specific sexual crimes that include certain instances of statutory rape also should register herself or himself as a sex offender. This is in addition to the punishments such as imprisonments or fines that have been meted out to the offender.

South Dakota Sex Offender Search

To find out if someone that you know has violated South Dakota statutory rape laws, you need access to public records; when people violate sex offender laws, including South Dakota statutory rape laws, the information about their offenses becomes a matter of public records. So, to find out who is a registered South Dakota sex offender, you need to perform a public records search. You can search for such records in South Dakota public records directories, which are available online.

Another way to perform an online sex offender search is to use a public records search directory, like GoLookUp. With the website, you can perform a search for South Dakota sex offender search in two methods: in the first method, you can perform a name-based sex offender search by entering the first name and the last name of the person that you are searching. At the end of the search, you will receive a criminal records' report that will provide sex offender registry information about the said person.

Another way to search for people who have violated South Dakota statutory rape laws is to use GoLookUp's zip code-based search directory. To perform the search, you need to enter a South Dakota zip code into the directory. As soon as you do, GoLookUp will scan public records in the said zip code, and you will get a list of all the registered sex offenders who are living in that area, including their full name, address, contact information, mugshots, and the crimes they committed.