HB1287

HB 1287 adds a new category of rape—called "rape in the fifth degree"—that makes it a Class 4 felony to engage in sexual penetration without the victim's consent, regardless of other circumstances. This expands South Dakota's rape law to cover non-consensual sexual acts that don't involve force, coercion, incapacity, or age-related vulnerabilities, making consent itself the determining factor in this lowest-level rape category.