Changes to Existing Law

Rape is an act of sexual penetration accomplished with any another person under4 any of the following circumstances: (1)If the The victim is less than thirteen years of age; or (2)Through the use of force, coercion, or threats of immediate and great bodily harm7 against the victim or other persons within the victim's presence, accompanied by8 apparent power of execution; or (3)If the The victim is incapable, because of physical or mental incapacity, of giving10 consent to such act; or (4)If the The victim is incapable of giving consent because of any intoxicating, narcotic, 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB or anesthetic agent or hypnosis; or1 (5)If the The victim is thirteen years of age, but less than sixteen years of age, and the2 perpetrator is at least three years older than the victim. A violation of subdivision (1) of this section is rape in the first degree, which is a Class C4 felony. A violation of subdivision (2) of this section is rape in the second degree which is a5 Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth7 degree, which is a Class 3 felony. Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to any charge9 brought pursuant to subdivisions (1) or (2) of this section. Otherwise a. A charge brought pursuant to under this section may be commenced brought at any time prior to the time the11 victim becomes of age twenty-five, or within seven years of the commission of the crime, whichever is longer. A violation under this section does not include as an element that the defendant knew or should have known the victim's age or that the victim was incapable of giving consent.15